VacationCompass.com (operated by Hodgins Media Ventures Inc.), its subsidiaries and affiliates (collectively "HMVI") provide you with access to this Web site and the services available on this Web site, or other Web sites as indicated below, (collectively, the "Services," which will be defined more under the Section, "Services."). Access to and use of the Services is governed by these Terms of Use (the "Agreement"). By accessing or using the Services, you indicate your assent to be bound by the Agreement, and your acknowledgment of and agreement to its terms.
The Services include the VacationCompass.com Vacation Rental Search Service (the "Search Services"). Similar to Google, our Search Services enable you to search the World Wide Web for vacation rental properties located on other web sites. We may provide you with search results of advertisers of VacationCompass.com (as well as search results provided to VacationCompass.com by a third party to supplement the advertiser sponsored results) that help you find what you are looking for.
The Services act as a system or venue to introduce you to vacation rental properties and their owners or third party management companies. VacationCompass.com uses reasonable efforts to ensure the availability of the information and content, including links, that it makes available through the Services. However, the Services are composed of content not offered by VacationCompass.com. VacationCompass.com does not control (i) the quality, safety or legality of properties available through or on its advertisers' Web sites or sites of third parties not in privity of contract with VacationCompass.com, (ii) the truth or accuracy or legality of the content from those advertisers or those third parties (even if such content appears on the Services), or (iii) the availability or technical capabilities of their Web sites or links to those Web sites. VacationCompass.com is not liable or responsible for content supplied or approved by third parties, or for actions you might take in reliance on that content. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. VacationCompass.com does not guarantee the price, terms, product, availability and/or services offered by any advertiser. For all of the Services, VacationCompass.com is not involved in any transactions between you and any of its advertisers, and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by advertisers. If you have a dispute with one or more advertisers, you agree to release and hereby release VacationCompass.com (and VacationCompass.com's officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers and service providers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Under this Agreement, VacationCompass.com gives you limited permission to access and use the Services only for your personal use, and to copy, distribute and transmit the content of the Services only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Services for your personal use. You may also print a copy of the information displayed on the Services for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products, or service obtained by your use of the Services. This restriction means, among other things, that you may not mirror on your own Web site any portion of the Services or display through your own Web site any results pages or other information from the Services without VacationCompass.com's express permission.
Your right to access the Services is subject to any limits established by VacationCompass.com. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy the Services except those automated means expressly made available by VacationCompass.com, if any, or authorized in advance and in writing by VacationCompass.com (for example, VacationCompass.com approved third party tools and services). The VacationCompass.com Web site contains robot exclusion headers and you agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Services. Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure (as determined by VacationCompass.com).
The technology underlying, and content within, the Services is owned by VacationCompass.com and/or its licensors (including VacationCompass.com's advertisers and other content providers) and is protected by copyright and other intellectual property or proprietary rights. If you use the Services other than as provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. As between you and VacationCompass.com, VacationCompass.com owns and retains all ownership of the technology underlying and content within the Services, and reserves all rights not explicitly granted to you in this Agreement.
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. VACATIONCOMPASS.COM DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NEITHER VACATIONCOMPASS.COM NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES. VacationCompass.com WILL NOT BE LIABLE FOR ANY MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT NOT LIMITED TO SEARCH RESULTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF VacationCompass.com, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
VacationCompass.com is a provider of an interactive computer services for purposes of 47 U.S.C. section 230. As such, its liability for others' conduct and information is limited as described therein.
Further, VacationCompass.com is a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act, VacationCompass.com has designated an agent to receive notifications of alleged copyright infringement on the Services:
Hodgins Media Ventures Inc.
104-1240 Kensington Rd NW, Box 307
Calgary, AB, Canada T2N 4X7
E-Mail: info@hodginsmedia.com
In notifying VacationCompass.com of alleged copyright infringement, you must include the following information:
Failure to include all of the above-listed information may result in the delay of the processing of your complaint. For more information on the Digital Millennium Copyright Act please visit the United States Copyright Office at http://lcweb.loc.gov/copyright/onlinesp/.
VacationCompass.com does not arbitrate or resolve trademark disputes among VacationCompass.com's advertisers or between those advertisers and third parties. However, VacationCompass.com will promptly comply with an order of a court of competent jurisdiction concerning a trademark issue.
VacationCompass.com occasionally receives requests to remove properties from within the Services and will promptly comply with all requests from property owners to remove their properties from VacationCompass.com.
VacationCompass.com does not collect personally identifying information from users of the Services unless users have explicitly given such information to VacationCompass.com (for example, when becoming an advertiser or when sending us an e-mail with a question). VacationCompass.com's information practices are further described in its privacy policy. VacationCompass.com's privacy policy is part of this Agreement, and you agree that use of data as described in the privacy policy is not an actionable breach of your privacy or publicity rights. If you would like more information, please read our privacy policy. You should consider any communication that you transmit to VacationCompass.com (such as data, questions or answers, comments, or suggestions) as non-confidential, and agree that VacationCompass.com will not be liable or responsible if information that belongs to you is intercepted and used by an unintended recipient.
VacationCompass.com reserves the right to change any information, features and functions of the Services without prior notice. VacationCompass.com may deny you access to all or part of the Services without prior notice if you engage in any conduct or activities that VacationCompass.com determines, in its sole discretion, violate this Agreement, the rights of VacationCompass.com or any third party, or is otherwise inappropriate.
This Agreement shall be governed by the laws of the Province of Alberta, Canada. VacationCompass.com's failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any controversy or claim arising out of or relating to this Agreement or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the Alberta Arbitration & Mediation Society. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Calgary, Alberta, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or VacationCompass.com may seek any interim or preliminary relief from a court of competent jurisdiction in Alberta, Canada, as necessary to protect the rights or property of you or VacationCompass.com.
You may direct any questions concerning this Agreement to:
Hodgins Media Ventures Inc.
104-1240 Kensington Rd NW, Box 307
Calgary, AB, Canada T2N 4X7
E-Mail: info@hodginsmedia.com
VacationCompass.com may amend this Agreement at any time by posting the amended terms on its Web site. This Agreement may not be otherwise amended except in a written document signed by you and VacationCompass.com.
