Effective Date: November 13, 2014.
Read these terms and conditions before accessing www.VacationHappily.com, the tools and services provided via this site, and related websites (the “Site”) provided by Vacation Happily, LLC, a Florida limited liability company and all of its affiliate entities (hereinafter collectively referred to as “Vacation Happily, LLC”, “Vacation Happily” “VH”, “We”, “we”, “Us”, “our”).
This Agreement sets forth the standards of use of the tools, services, and products that this Site and Vacation Happily affiliate sites provides. By using any of the tools and services that this website provides, you (collectively “you”/ “your”/ “User”/ “Subscriber”) must agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this website and services. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at our website. Your continued use of the website and services (“Service”) after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. It is your responsibility to select and review this Agreement each time you visit this Site to be certain you continue to comply with all the terms, as amended, revised, updated, or changed.
Please choose carefully any information you post or provide on or through Vacation Happily services and that you provide to other Users. Information, materials, products, or services provided by other Vacation Happily Users may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Vacation Happily assumes no responsibility or liability for this material. If you become aware of misuse of the Vacation Happily services by any person, please click on the “Contact Vacation Happily”, “Contact Us”, or the “Report Abuse” (or similar wording thereto) link at the bottom of the Vacation Happily website pages.
Vacation Happily reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Vacation Happily services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Vacation Happily expressly reserves the right to remove any profile, content, and/or deny, restrict, suspend, or terminate your access to all or any part of the Vacation Happily services if Vacation Happily determines, in its sole discretion that you have violated this Agreement, or pose a threat to Vacation Happily and/or its Users. Vacation Happily does not review materials and information posted by Users and is not responsible for information posted by Users.
1. Service Requirements
User must provide (1) all equipment necessary for their own connection (both Internet or by phone), including computer, modem, mobile phone, or other phone and a services required thereof and (2) provide for User’s access to the Internet and phone service, and (3) pay any fees related with such connections.
2. Disclaimer of Warranties
The website and all services thereof are provided on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, We make no representations or warranties of any kind, express or implied, regarding the use or the results of this website and its services in terms of its correctness, accuracy, reliability, or otherwise. We shall have no liability for your use of the Site or for any interruptions in the use of this website or services. We disclaim all warranties, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, portions of the above-referenced exclusion may be inapplicable, but remains as limiting as statutes allow.
3. Limitation of Liability
IN NO EVENT SHALL VACATION HAPPILY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE AND SERVICES, THE TOOLS AND SERVICES WE PROVIDE, OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
User agrees to indemnify and hold Vacation Happily, its, subsidiaries, affiliates, officers and employees, harmless from any and all claims, liability, damages and/or costs, including, but not limited to, reasonable attorneys’ fees and costs, due to or arising out of User’s use of the website and service, the violation of this Agreement, or infringement by User, or other user of the website and service using User’s computer or phone, of any intellectual property or any other right of any person or entity.
5. Phone Numbers
We may provide phone numbers for use with our services and products. The availability of each phone number may be limited and the phone number and any associated content is subject to change, termination, and deletion without notice. We are not responsible for any loss or liability directly or indirectly resulting from the use, misuse, interruption, termination, elimination, and changes to phone numbers, available of service, quality of service, or concurrency related to incoming, webcasts, podcasts, recording, or outgoing telephone calls or connections.
6. Modifications and Interruption to Service
We reserve the right to modify or discontinue the website and service with or without notice to the User. We shall not be liable to User or any third party should We exercise our right to modify or discontinue the website or service. User acknowledges and accepts that We do not guarantee continuous, uninterrupted or secure access to our website or services and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
7. Third-Party Sites
You acknowledge that Vacation Happily reserves the right to charge for any portion of the Vacation Happily services and to change its fees (if any) from time to time in its sole discretion. If Vacation Happily terminates your membership because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
To access certain portions of the Site, you may be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify Vacation Happily immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
10. Use by Users
Vacation Happily services are for the personal use of Users and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Vacation Happily. Vacation Happily reserves the right to remove commercial content in its sole discretion without notice. Illegal and/or unauthorized use (i.e., without prior written authorization from Vacation Happily) of the Vacation Happily services, including collecting usernames, user id numbers, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Vacation Happily website and services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from User profiles without notice or explanation and may result in termination of Users privileges. Vacation Happily reserves the right to take appropriate legal action for any illegal or unauthorized use of the Vacation Happily services. The User shall be responsible for all cost related to this performance of this section including, but not limited to reasonable legal fees.
11. Disclaimer Regarding Accuracy of Vendor Information
We make no warranties or representations whatsoever with regard to any product provided or offered by any third party vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk.
12. Proprietary Rights in Content on Vacation Happily
12.1 The Vacation Happily services contain Content of Vacation Happily (“Vacation Happily Content”). Vacation Happily Content is protected by copyright, trademark, patent, trade secret and other laws, and Vacation Happily owns and retains all rights in the Vacation Happily Content and the Vacation Happily services. Vacation Happily hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the Vacation Happily Content (excluding any software code) solely for your personal use in connection with viewing the Vacation Happily website, phone services, and using the Vacation Happily services. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Vacation Happily services. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Vacation Happily, LLC is strictly prohibited. Our trademarks may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits our business or Vacation Happily, LLC.
12.2 All other trademarks displayed on our website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the web sites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with Us.
13. Protecting Copyrights and Other Intellectual Property
Vacation Happily respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Vacation Happily has the right to terminate the Usership of infringers.
If you believe your work has been copied and posted on or through the Vacation Happily services in a way that constitutes copyright infringement, please send Vacation Happily a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Vacation Happily services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. For notification of claimed infringement Vacation Happily can be reached as provided in Section 14, Notification of Claimed Copyright Infringement.
Vacation Happily copyright agent for notification of claimed infringement can also be reached electronically by clicking “Contact Us”. Vacation Happily provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works.
14. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, Vacation Happily designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Vacation Happily, LLC
2700 Scenic Highway 98
Destin, FL 32541
By Email: info@HendersonParkInn.com
15. Governing Jurisdiction of the Courts Florida
The laws of the State Florida laws shall govern this Agreement, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access this Site and services you agree to do so subject to the laws of the State of Florida.
16. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
17. Other Terms
Vacation Happily asks for some personal information when contact, including your email address and a password, which is used to protect your account from unauthorized access. When you use VACATION HAPPILY’s web site or services servers automatically records and log non-personal information. You may choose to submit additional information in order to personalize your contact information (such as a zip code, phone number, etc.). Vacation Happily does not record or maintain any of your credit card or bank account information. Any response to a Vacation Happily request for your email address is an approval (or opt “IN” selection) allowing VACATION HAPPILY, its affiliates, and assigns permission to send you communications and advertisements. We may collect information passively when you visit the Site such as your IP address, browser type and information about pages you have visited or ads you have seen.
Vacation Happily maintains and processes personal information in order to provide your personalized services and communication(s). Vacation Happily only shares active opt IN subscribers with affiliates and assigns.
You can terminate your Vacation Happily account at any time by opting “OUT” to each specific emailing or by contacting ________________.com.
For more information please contact Vacation Happily by mail at Vacation Happily, 2700 Scenic Highway 98, Destin, FL 32541 or by email to: ______________.com.