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Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Your use of this Web site is expressly conditioned on your acceptance of the following terms of use. By using this Web site, you signify your assent to these terms of use and the PRIVACY POLICY. If you do not agree with any part of these terms of use, you must not use this Web site.

All images, Web site design elements, text, graphics, logos, buttons, icons, brochures, forms, software and other content, the presentation, selection and arrangement thereof, Copyright © 2004. . ALL RIGHTS RESERVED.

Ownership

This Web site, and each of its components, is the copyrighted property of ("Hot Stays™"), and/or its various third-party providers and suppliers and may not be used without the prior written consent of their owners. Portions of the content found on this Web site and in related links is owned by third-party providers and suppliers and, specifically, certain data relating to travel and travel-related information may be the copyrighted work of third-party providers. None of the content or data found on this Web site may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Hot Stays and/or its third-party providers and suppliers. In addition, the trademarks, logos and service marks displayed on this Web site (collectively, the "Trademarks") are registered and common law Trademarks of Hot Stays, its affiliates, and various third-parties. Nothing contained on this Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Hot Stays or such other party that may own the Trademarks.

Links to Third-Party Web Sites

This Web site may contain hyperlinks to Web sites operated by parties other than Hot Stays. Such hyperlinks are provided for your reference only. Hot Stays does not control such sites and is not responsible for their contents. Hot Stays' inclusion of hyperlinks to such sites does not imply any endorsement of the material on such sites or any association with their operators. If you decide to access other Web sites or participate in any offers or programs via such sites, you do so at your own risk.

General

This agreement is governed by the laws of the State of Florida, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Volusia County, Florida, USA, in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of use, including, without limitation, this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hot Stays as a result of this agreement or use of this Web site.

Employment inquiries sent to us regarding employment with Hot Stays are handled in accordance with our employment policies. Please be aware that submission of your resume or employment application to Hot Stays does not create any obligation to respond to such solicitation and Hot Stays cannot guarantee any result. Hot Stays is an equal opportunity employer.

These terms of use and Hot Stays' performance are subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hot Stays' right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by Hot Stays with respect to such use.

This Web site and the content provided in this Web site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Hot Stays, except that you may view using a browser, cache, display and/or print one copy of the materials presented on this Web site on a single computer for your personal use or legitimate business use only. ‘Deep-linking’, ‘embedding’ or using analogous technology is strictly prohibited unless specifically authorized in writing by Hot Stays. Unauthorized use of this Web site and/or the materials contained on this Web site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials.

Travel professionals may use this Web site to browse the content or make inquires to Hot Stays regarding booking legitimate reservations and shall not use this Web site for any other purpose. Travel professionals shall not use this Web site, or any linked Web site, for any inappropriate purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. Separate and/or additional terms of use will apply to your reservation and purchase of travel related goods and services that you select. You agree to abide by the terms or conditions of purchase imposed by Hot Stays or any third-party with whom you elect deal, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of fares, products or services. You shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of this Web site.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

This agreement constitutes the entire agreement between the customer and Hot Stays with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Hot Stays with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved.

Responsibility and Liability

(1) Hot Stays acts only as the booking agent and has no control over, nor responsibility for, the accommodations listed on this Web site. All bookings are accepted on the express condition that Hot Stays is not responsible nor liable for any loss (consequential or otherwise); damage (including, but not limited to, loss of or damage to customer's property whatsoever); death, injury, delay, inconvenience or irregularity caused by, arising from, or in connection with, any defect in any accommodation rented; or through the negligence, willful misconduct, strikes, or other acts, defaults or omissions of any property owner (e.g., home, condominium, hotel, bed & breakfast or otherwise), or other provider of goods and services. (2) every booking accepted is subject to the conditions imposed by the owner of the property, or other companies, firms, or persons concerned. (3) Travelers are responsible for ensuring that they have all necessary travel documents and visas if they are traveling to a foreign country. (4) Prices are subject to change without prior notice due to currency fluctuation.

Listing Service

By using the Web site, the user acknowledges that the site is a listing and information service that brings together property owners and renters. Information about a particular property is supplied by the property owner, not by Hot Stays. The price and other terms of any rental remain subject to direct negotiation between the renter and the property owner. Hot Stays cannot and does not verify the information that property owners supply or guarantee the properties it offers. Users acknowledge that inaccuracies and/or typographical errors may exist within the Web Site. Users agree that it is their obligation to verify any and all information contained with the particular property owner identified within the Web Site. When using the Web site to find a property, it is recommended that the user uses the same common sense and good judgment the user would use in responding to a classified ad in the newspaper. Owners are responsible for the accuracy of the information on their property listings. Owners who provide photos to be used assert that the photos are their own property and these same owners have the publishing rights to said photos. Hot Stays is not responsible for any action, or omission of action, by any renter obtained by the use of this site.

The site is a service for owners to list vacation rentals, bed & breakfasts, hotel rooms for rental and for buyers to rent these accommodations. Hot Stays is not involved in any transaction between any parties that use our site. Hot Stays 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. Hot Stays cannot ensure that a owner or renter will complete any transaction.

The Web site operates so owners can update their listing information online at any time. Hot Stays expects that owners will provide truthful and accurate information, but cannot ensure that this expectation will occur and Hot Stays cannot control the behavior of owners that list on the site. By use of this site, a user agrees to accept these risks.

Hot Stays reserves the right to remove any listing from the Web site at any time and to prevent owners from posting properties to the Web site in the exercise of its sole and complete discretion.

Hot Stays encourages the posting of personal experiences, reviews and testimonials by users of properties listed on this site. The contents of these postings are the comments of those users; each such user by posting those comments, agrees to indemnify, defend and hold Hot Stays harmless from any false or derogatory statements contained in such comments or postings. As with any other material posted by third-parties to this site, Hot Stay may, at any time, remove any materials posted to this site for any reason or no reason.

Owners and their agents are responsible for the accuracy of the information on their property listings. Owners and agents providing text and photographs of their properties assert that they own or have been granted license to use the text and photos on this site. Hot Stays is not responsible for any action, or omission of action, by any renter that uses of this site.

None of the information contained in any page on this site is confirmed or warranted by any party. Confirmation of information published herein is the sole responsibility of the renting party.

Each property sets its own refund and cancellation policies and fees. Hot Stays strongly recommends that renters require a written notice of the refund and cancellation policy from the owner. Hot Stays recommends that renters obtain trip cancellation insurance at renter's expense. Hot Stays is not responsible for the refund of rental fees for any reason.

Hot Stays is not a licensed real estate broker in any state and is not acting as the property management agent for any property owner.

Rental inquires are delivered via Internet email and are not to be considered private. Internet e-mail delivery is not 100% reliable and Hot Stays is not responsible for undelivered inquiries or for missed income as a result of undelivered inquiries.

Acceptable Content

These policies are established to preserve a fair and orderly site for the listing of vacation and related types of rental properties and to maintain a "family safe" environment. Note that these policies are subject to periodic review and may be updated at any time.

Spam Policy

Hot Stays does not participate in or tolerate the sending of Unsolicited Commercial Email that is also know as SPAM. Hot Stays reserves the right to remove the posting of any user that mentions Hot Stays or any of its associated websites, URLs, or any associated Hot Stays e-mail address in any SPAM e-mail message or Usenet posting. Hot Stays may exercise its full and complete discretion in determining what constitutes SPAM or is worthy of removal.

Non Solicitation

Hot Stays provides the Web site to permit users to review information about rental properties around the world. The user acknowledges that Hot Stays has expended significant time and money in collecting the rental listings and other information contained within the Web site. As a result, the Web site is provided for the sole purpose of rental inquiries. Use of the Web site and its content for any other reason, including but not limited to the solicitation of Hot Stays' clients and advertisers, is strictly forbidden

Exclusion Of Warranty

HOT STAYS AND ANY THIRD-PARTY PROVIDERS AND SUPPLIERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY PRODUCT, SERVICE OR CONTENT PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. HOT STAYS AND ANY THIRD-PARTY PROVIDERS AND SUPPLIERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

Limitation Of Liability

HOT STAYS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THE SITE. IN NO EVENT SHALL HOT STAYS OR ANY THIRD-PARTY PROVIDERS OR SUPPLIERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR ( III) THE PERFORMANCE OR NON PERFORMANCE BY HOT STAYS OR ANY THIRD-PARTY PROVIDERS OR SUPPLIERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. HOT STAYS SHALL NOT BE RESPONSIBLE FOR ANY INJURIES, DAMAGES, OR LOSSES CAUSED TO ANY CUSTOMER IN CONNECTION WITH TERRORIST ACTIVITIES, SOCIAL OR LABOR UNREST, MECHANICAL OR CONSTRUCTION FAILURES OR DIFFICULTIES, DISEASES, LOCAL LAWS, CLIMATIC CONDITIONS, ABNORMAL CONDITIONS OR DEVELOPMENTS, OR ANY OTHER ACTIONS, OMISSIONS, OR CONDITIONS OUTSIDE HOT STAYS’ CONTROL.

Modification

Hot Stays may at any time modify these terms of use and your continued use of this Web site will be conditioned upon the terms of use under which this Web site is offered at the time of your use.

Contact Information

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Last updated on April 8th, 2004

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