Effective Date: May 3rd, 2019
\n\n\n\nSite Covered:\nwww.beachhousesinparadise.com
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\nTHE AGREEMENT: The use of\nthis website and services on this website provided by Beach Houses in Paradise\n(hereinafter referred to as \"Company\") are subject to the following\nTerms & Conditions (hereinafter the \"Agreement\"), all parts and\nsub-parts of which are specifically incorporated by reference here. This\nAgreement shall govern the use of all pages on this website (hereinafter\ncollectively referred to as \"Website\") and any services provided by\nor on this Website (\"Services\").
\n1) DEFINITIONS
The parties referred to in this Agreement shall be defined as\nfollows:
\n\n\n\na) Company, Us, We: The Company, as the creator, operator, and\npublisher of the Website, makes the Website, and certain Services on it,\navailable to users. Beach Houses in Paradise, Company, Us, We, Our, Ours and\nother first-person pronouns will refer to the Company, as well as all employees\nand affiliates of the Company.
\n\n\n\nb) You, the User, the Client: You, as the user of the Website,\nwill be referred to throughout this Agreement with second-person pronouns such\nas You, Your, Yours, or as User or Client.
\n\n\n\nc) Parties: Collectively, the parties to this Agreement (the\nCompany and You) will be referred to as Parties.
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\n2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed\nthis Agreement and that You agree to be bound by it. If You do not agree to be\nbound by this Agreement, please leave the Website immediately. The Company only\nagrees to provide use of this Website and Services to You if You assent to this\nAgreement.
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\n3) LICENSE TO USE WEBSITE
The Company may provide You with certain information as a result\nof Your use of the Website or Services. Such information may include, but is\nnot limited to, documentation, data, or information developed by the Company,\nand other materials which may assist in Your use of the Website or Services\n(\"Company Materials\"). Subject to this Agreement, the Company grants\nYou a non-exclusive, limited, non-transferable and revocable license to use the\nCompany Materials solely in connection with Your use of the Website and\nServices. The Company Materials may not be used for any other purpose, and this\nlicense terminates upon Your cessation of use of the Website or Services or at\nthe termination of this Agreement.
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\n4) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the\nCompany are the property of the Company, including all copyrights, trademarks,\ntrade secrets, patents, and other intellectual property (\"Company\nIP\"). You agree that the Company owns all right, title and interest in and\nto the Company IP and that You will not use the Company IP for any unlawful or\ninfringing purpose. You agree not to reproduce or distribute the Company IP in\nany way, including electronically or via registration of any new trademarks,\ntrade names, service marks or Uniform Resource Locators (URLs), without express\nwritten permission from the Company.
\n\n\n\n5) ACCEPTABLE USE
\n\n\n\nYou agree not to use the Website or Services for any unlawful\npurpose or any purpose prohibited under this clause. You agree not to use the\nWebsite or Services in any way that could damage the Website, Services, or\ngeneral business of the Company.
\n\n\n\na) You further agree not to use the Website or Services:
\n\n\n\nI) To harass, abuse, or threaten others or otherwise violate any\nperson's legal rights;
\n\n\n\nII) To violate any intellectual property rights of the Company or\nany third party;
\n\n\n\nIII) To upload or otherwise disseminate any computer viruses or\nother software that may damage the property of another;
\n\n\n\nIV) To perpetrate any fraud;
\n\n\n\nV) To engage in or create any unlawful gambling, sweepstakes, or\npyramid scheme;
\n\n\n\nVI) To publish or distribute any obscene or defamatory material;
\n\n\n\nVII) To publish or distribute any material that incites violence,\nhate, or discrimination towards any group;
\n\n\n\nVIII) To unlawfully gather information about others.
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\n6) AFFILIATE MARKETING & ADVERTISING
The Company, through the Website and Services, may engage in\naffiliate marketing whereby the Company receives a commission on or percentage\nof the sale of goods or services on or through the Website. The Company may\nalso accept advertising and sponsorships from commercial businesses or receive\nother forms of advertising compensation. This disclosure is intended to comply\nwith the US Federal Trade Commission Rules on marketing and advertising, as\nwell as any other legal requirements which may apply.
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\n7) PRIVACY INFORMATION
Through Your Use of the Website and Services, You may provide Us\nwith certain information. By using the Website or the Services, You authorize\nthe Company to use Your information in the United States and any other country\nwhere We may operate.
\n\n\n\na) Information We May Collect or Receive: Depending on how You use\nOur Website or Services, We may receive information from external applications\nYou use to access Our Website, or We may receive information through various\nweb technologies, such as cookies, log files, clear gifs, web beacons or\nothers.
\n\n\n\nb) How We Use Information: We use the information gathered from\nYou to ensure Your continued good experience on Our website. We may also track\ncertain of the passive information received to improve Our marketing and\nanalytics, and for this, We may work with third-party providers, including\nother marketers.
\n\n\n\nc) How You Can Protect Your Information: If You would like to\ndisable Our access to any passive information We receive from the use of\nvarious technologies, You may choose to disable cookies in Your web browser.
\n\n\n\nd) For our complete privacy policy for this website, please go this link: http://beachhousesinparadise.com/privacy-policy/ . All “Privacy Information” summarized in this Agreement is subject to and superseded by this website’s privacy policy.
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\n8) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
\n\n\n\na) Reverse engineer, or attempt to reverse engineer or disassemble\nany code or software from or on the Website or Services;
\n\n\n\nb) Violate the security of the Website or Services through any\nunauthorized access, circumvention of encryption or other security tools, data\nmining or interference to any host, user or network.
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\n9) DATA LOSS
The Company does not accept responsibility for the security of\nYour account or content. You agree that Your use of the Website or Services is\nat Your own risk.
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\n10) INDEMNIFICATION
You agree to defend and indemnify the Company and any of its\naffiliates (if applicable) and hold Us harmless against any and all legal\nclaims and demands, including reasonable attorney's fees, which may arise from\nor relate to Your use or misuse of the Website or Services, Your breach of this\nAgreement, or Your conduct or actions. You agree that the Company shall be able\nto select its own legal counsel and may participate in its own defense, if the\nCompany wishes.
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\n11) SPAM POLICY
You are strictly prohibited from using the Website or any of the\nCompany's Services for illegal spam activities, including gathering email\naddresses and personal information from others or sending any mass commercial\nemails.
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\n12) THIRD-PARTY LINKS & CONTENT
The Company may occasionally post links to third party websites or\nother services. You agree that the Company is not responsible or liable for any\nloss or damage caused as a result of Your use of any third party services\nlinked to from Our Website.
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\n13) MODIFICATION & VARIATION
The Company may, from time to time and at any time without notice\nto You, modify this Agreement. You agree that the Company has the right to\nmodify this Agreement or revise anything contained herein. You further agree\nthat all modifications to this Agreement are in full force and effect\nimmediately upon posting on the Website and that modifications or variations\nwill replace any prior version of this Agreement, unless prior versions are\nspecifically referred to or incorporated into the latest modification or\nvariation of this Agreement.
\n\n\n\na) To the extent any part or sub-part of this Agreement is held\nineffective or invalid by any court of law, You agree that the prior, effective\nversion of this Agreement shall be considered enforceable and valid to the\nfullest extent.
\n\n\n\nb) You agree to routinely monitor this Agreement and refer to the\nEffective Date posted at the top of this Agreement to note modifications or\nvariations. You further agree to clear Your cache when doing so to avoid\naccessing a prior version of this Agreement. You agree that Your continued use\nof the Website after any modifications to this Agreement is a manifestation of\nYour continued assent to this Agreement.
\n\n\n\nc) In the event that You fail to monitor any modifications to or\nvariations of this Agreement, You agree that such failure shall be considered\nan affirmative waiver of Your right to review the modified Agreement.
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\n14) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
\n\n\n\nThe scope of this agreement does not include or extend to Your use of any of the homes or properties promoted and advertised on this website.
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\n15) SERVICE INTERRUPTIONS
The Company may need to interrupt Your access to the Website to\nperform maintenance or emergency services on a scheduled or unscheduled basis.\nYou agree that Your access to the Website may be affected by unanticipated or\nunscheduled downtime, for any reason, but that the Company shall have no\nliability for any damage or loss caused as a result of such downtime.
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\n16) TERM, TERMINATION & SUSPENSION
The Company may terminate this Agreement with You at any time for\nany reason, with or without cause. The Company specifically reserves the right\nto terminate this Agreement if You violate any of the terms outlined herein,\nincluding, but not limited to, violating the intellectual property rights of\nthe Company or a third party, failing to comply with applicable laws or other\nlegal obligations, and/or publishing or distributing illegal material. If You\nhave registered for an account with Us, You may also terminate this Agreement\nat any time by contacting Us and requesting termination. At the termination of\nthis Agreement, any provisions that would be expected to survive termination by\ntheir nature shall remain in full force and effect.
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\n17) NO WARRANTIES
You agree that Your use of the Website and Services is at Your\nsole and exclusive risk and that any Services provided by Us are on an \"As\nIs\" basis. The Company hereby expressly disclaims any and all express or\nimplied warranties of any kind, including, but not limited to the implied\nwarranty of fitness for a particular purpose and the implied warranty of\nmerchantability. The Company makes no warranties that the Website or Services\nwill meet Your needs or that the Website or Services will be uninterrupted,\nerror-free, or secure. The Company also makes no warranties as to the\nreliability or accuracy of any information on the Website or obtained through\nthe Services. You agree that any damage that may occur to You, through Your\ncomputer system, or as a result of loss of Your data from Your use of the\nWebsite or Services is Your sole responsibility and that the Company is not\nliable for any such damage or loss.
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\n18) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to You as\na result of Your use of the Website or Services, to the fullest extent\npermitted by law. The maximum liability of the Company arising from or relating\nto this Agreement is limited to the greater of one hundred ($100) US Dollars or\nthe amount You paid to the Company in the last six (6) months. This section\napplies to any and all claims by You, including, but not limited to, lost\nprofits or revenues, consequential or punitive damages, negligence, strict\nliability, fraud, or torts of any kind.
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\n19) GENERAL PROVISIONS:
a) LANGUAGE:\nAll communications made or notices given pursuant to this Agreement shall be in\nthe English language.
\n\n\n\nb) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or Services, You agree that the laws of the State of Florida shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. Any disputes arising out of this agreement are subject to mandatory arbitration under Section 19(c) below. If any court action is nonetheless initiated relating to this agreement, the Parties agree to submit the personal jurisdiction of the state and federal courts in and for Martin County, Florida. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
\n\n\n\nc) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in Martin County, Florida The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Florida. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
\n\n\n\nd) ASSIGNMENT:\nThis Agreement, or the rights granted hereunder, may not be assigned, sold,\nleased or otherwise transferred in whole or part by You. Should this Agreement,\nor the rights granted hereunder, by assigned, sold, leased or otherwise\ntransferred by the Company, the rights and liabilities of the Company will bind\nand inure to any assignees, administrators, successors, and executors.
\n\n\n\ne) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or\nunenforceable by a court of law or competent arbitrator, the remaining parts\nand sub-parts will be enforced to the maximum extent possible. In such\ncondition, the remainder of this Agreement shall continue in full force.
\n\n\n\nf) NO WAIVER:\nIn the event that We fail to enforce any provision of this Agreement, this\nshall not constitute a waiver of any future enforcement of that provision or of\nany other provision. Waiver of any part or sub-part of this Agreement will not\nconstitute a waiver of any other part or sub-part.
\n\n\n\ng) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under\nthis Agreement are for convenience and organization, only. Headings shall not\naffect the meaning of any provisions of this Agreement.
\n\n\n\nh) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture\nhas been created between the Parties as a result of this Agreement. No Party\nhas any authority to bind the other to third parties.
\n\n\n\ni) FORCE MAJEURE: The Company is not liable for any failure to perform due to\ncauses beyond its reasonable control including, but not limited to, acts of\nGod, acts of civil authorities, acts of military authorities, riots, embargoes,\nacts of nature and natural disasters, and other acts which may be due to\nunforeseen circumstances.
\n\n\n\nj) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted\nto both Parties under this Agreement, including e-mail or fax. For any\nquestions or concerns, please email Us at the following address:\nbooking@beachhousesinparadise.com.
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