Disclaimer Information for Advertisers
NOTICE TO ALL ADVERTISERS - How2Vacation.com, How2
Group International, Inc. and any of its Affiliates, referred to as
Group
By using or continuing to use the services of
How2Vacation.com, you agree to the terms and conditions of this
disclaimer.
In the event How2Vacation is unable to provide the promised
level of service for any reason, including, but not limited to
service outages, war, acts of God or negligence, neither
How2Vacation nor its owners can be held liable for any costs beyond
the prorated costs paid by the client for the services, which were
not provided. How2Vacation does not guarantee that the How2Vacation
web site will be available 100% of the
time.
Disclaimer
1) How2Vacation is not responsible for typographic errors;
and rates and conditions are subject to change without
notice.
2) Information contained in advertisements is neither
confirmed nor warranted by the How2Vacation.
3) How2Vacation.com is not a party to any transaction between
you and one of our renters and you specifically agree to release and
hold How2Vacation.com and its Affiliates harmless from any cause of
action arising from your transaction with one of our
renters.
4) Limitation of Liability. IN NO EVENT WILL
How2Vacation.com, How2 Group International, Inc. OR Any of it's
Affiliates BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION
ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE
DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT
OR YOUR USE OF THE SERVICE, EVEN IF How2Vacation.com, How2 Group
International, Inc. OR Any of its Affiliates HAS BEEN ADVISED OF THE
POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY
WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF
CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT,
(5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH
EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF
YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY
PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR
AGAINST LMB WITH RESPECT THIS AGREEMENT OR THE SERVICE, THEN YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
SERVICE.
5) Release. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER
DISCHARGE How2Vacation.com, How2 Group International, Inc. OR ANY OF
ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, VENDORS, AND
CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS,
EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND
ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION,
PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND
DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN,
WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH
YOUR USE OF THE SERVICE.
6) When you use How2Vacation.com, you agree to allow
How2Vacation.com, How2Group International, Inc. , or its affiliated
websites to add your email address to our database of customers. You
will receive at least one promotional email from either
How2Vacation.com or its affiliated websites. You are welcome to opt
not to receive emails from How2Vacation.com or its affiliated
websites at any time.
Terms and conditions of advertising on
How2Vacation.com
1. Layout and copy:
1.1 How2Vacation reserves the right to determine the final
design, layout and functionality of our website which is subject to
change from time to time without notice.
1.2 How2Vacation
reserves the right to edit copy or amend the layouts or photographs
supplied, in order to create a more uniform and pleasant advertising
environment for our visitors.
1.3 How2Vacation
reserves the right, at its discretion, to amend and edit copy
entered into the How2vacation online database by advertisers. All
copy edits submitted by owners/advertisers are subject to review and
approval of How2Vacation in its sole opinion.
1.4
Notwithstanding its right to edit and amend copy and
photographs, How2Vacation accepts and holds no liability for any
loss or damage resulting from the design or positioning of the
properties or changes made to the photographs and copy submitted by
the advertiser or edited by How2Vacation Staff.
1.5 The term of the advertisement will start from the date
the listing is posted on the website. If the advertisement is not up
within 90 days, the agreement will start 90 days after agreement is
signed.
1.6 How2Vacation.com receives 88% of their fee for setting up
the account and the first month of having a link on the website, the
balance is divided over 12 months for staying up on the
site.
2
Accuracy
2.1 All listings
on How2Vacation.com, as submitted by the advertiser and amended from
time to time by How2Vacation staff, are the responsibility of the
advertiser, and How2Vacation specifically disclaims any and all
liability arising from the alleged accuracy of the listings, or any
alleged breaches of contract on an advertiser's part. By accepting
these Terms and Conditions and paying to list on How2Vacation, you
agree to indemnify and hold How2Vacation and its affiliates harmless
against all costs, expenses and losses arising out of a claim
relating to the content of an
advertisement.
2.2
Owners/advertisers are solely responsible for keeping their
information up to date on How2Vacation, including, but not limited
to any and all representations about the property, its amenities,
location, and its availability for a specific date or range of
dates. How2Vacation makes no representation or warranties that any
of the copy or availability information published on How2Vacation is
accurate or up-to-date even in the case where visitors have searched
for specific special offers, dates, or types of
properties.
3 By submitting
a photograph to our website or by mailing a paper based photograph
to our offices, the Owner/advertiser is representing an warranting
that (a) he holds all intellectual property rights with respect to
each submitted photograph, or (b) he has secured from the copyright
holder all rights necessary for the photograph to be used in an
online advertisement, and (c) that any people in the photograph have
given permission for their likeness to be displayed in an online
advertisement, and (c) that the photograph accurately and fairly
represents the subject of the photograph and has not been altered in
any manner that would mislead a viewer of that photograph and (d)
that he will indemnify and hold harmless How2Vacation.com, How2
Group International, Inc and its affiliates from any cause of action
arising from any misrepresentation with respect to any and all the
photographs so submitted.
4.1
How2Vacation.com listings run on an annual basis. How2 Group
makes no guarantees as to results of any campaigns. Results vary
based on the offer, the target audience and other variables.
Advertisers acknowledge that they are paying How2 Group for a
service and that no guarantees were expressed or implied and that
the advertiser understands How2 Group has a no refund no exception
policy. In an effort to ensure no interruption of service in
displaying your advertisement(s) occurs; all subscriptions will
receive a notice thirty (30) days prior to the expiration of their
agreement making them aware that their service will be
expiring.
4.2 In no event
shall How2Vacation be liable to the advertiser for any special,
consequential, incidental or indirect damages, including lost
profits.
5
Copyright
5.1 By accepting
these Terms and Conditions and by paying and posting a listing on
How2Vacation, the Owner/advertiser grants to How2Vacation and its
affiliates a fully paid up license to use the copy, the photographs,
the likenesses (if any) on its website or the websites of its
affiliates and grants How2Vacation and its affiliates the ability to
copyright and protect the images, copy, and information available
via the Owner/advertiser?s listing from the unauthorized use by
unaffiliated third parties who may, from time to time, attempt to
pirate such information via electronic or other means. How2Vacation
is not responsible for any infringement of copyright laws resulting
from material supplied by the Owner/advertiser and the
Owner/advertiser indemnifies How2Vacation against any action brought
for breach of copyright or other rights from the use of such
material supplied by the advertiser.
5.2 How2Vacation shall be entitled to reproduce part or whole
of any photographic material supplied by the advertiser in the
promotion of either the advertiser?s property or the promotion of
How2Vacation.com.
5.3 How2Vacation
claims copyright to the electronic images of the photographic
material supplied by advertisers, and the Owner/Advertiser will
assist How2Vacation?at How2Vacation?s expense and controlled by
How2Vacation?to protect its copyrighted material from unauthorized
redistribution.
5.4 It is the
Advertisers responsibility to obtain reproduction permission for all
photographic and other material used in their advertisements. The
advertiser warrants that he is the owner of the copyright in such
material or is authorized by the owner thereof to grant to
How2Vacation the rights therein contained.
6 Hypertext
links
6.1 How2Vacation
reserves the right to refuse hypertext links to, or addresses of,
other web sites from advertisers' pages, and to remove links or web
addresses without notice at our sole
discretion.
6.2 How2Vacation
reserves the right to charge for hypertext links at any
time.
7 Termination of advertising
7.1 All listings
are sold to run the full term decided by the advertiser. Listings
removed at your request prior to the completion of their full run
area not subject to a refund.
7.2
How2Vacation.com reserves the right to refuse any listing
submitted to How2Vacation.com. We can refuse to publish the ad for
no reason, and you specifically agree to hold us harmless for any
loss or liability that may arise from such a
decision.
7.3 If you
submit unsuitable material into the How2vacation on-line database,
How2Vacation reserves the right to remove the property from the
How2Vacation site. No refunds will be paid.
8 Payment
Payment for listings must be made in U.S. Dollars paid either
by major credit and debit cards, or a check drawn on a U.S. bank, or
wire transfers
9 Legal jurisdiction
9.1 Any and all
How2vacation services and products are performable and/or sold in
the State of Florida, in the United States of America, and you
irrevocably agree to that any cause of action you may submit will be
filed in Broward County, Florida which will be the venue of any
legal dispute. You also agree that any dispute will be governed by
the laws of the State of Florida
.