2. Laws & Regulations
User access to and use of CondoCountry.com is subject to all applicable international, federal, provincial and local laws and regulations.
Purpose/Function of CondoCountry.com
3. Purpose/Function of CondoCountry.com
CondoCountry.com is provided for the purpose of assisting Users in arranging cottage, ski lodge, and resort-type accommodations and rentals across North America, for posting opinions and reviews of such accommodations, rentals, and other travel-related issues, for engaging in interactive travel forums (the "Service" or "Services"), and for no other purpose.
Users may submit information regarding cottage, ski lodge, or resort-type accommodations that are available for rent (known as "Posts", "Postings", or "Advertisements" and such Users hereinafter "Property Holders" ) to other Users of CondoCountry.com. THE POSTINGS ARE INVITATIONS TO OTHER USERS TO MAKE OFFERS TO RENT A PROPERTY, AND ARE NOT OFFERS TO SELL OR RENT. When a User wishes to rent a property from a Property Holder (hereinafter, a "Renter"), he/she submits a tender, offer, or bid to the Property Holder according to the method set out on the part of CondoCountry.com under which the Property Holder has placed a Posting.
A Renter's correctly completed tender, offer, or bid, when delivered by pressing the "Submit" button on the "Book it" page or the "Make a Bid" button on the "Auction" page, forms an offer to rent a property from the Property Holder. The Renter's offer will be deemed to be accepted upon: (i) the Property Holder agreeing to rent a property to the Renter, (ii) having received payment in full from the payment processor of the Renter's credit card, and (iii) when the Company having received confirmation of payment in full from PayPal.
Any tender, offer, bid, negotiation, acceptance, rental agreement, etc., constitutes a dealing or transaction between the Renter and the Property Holder. A Renter's subsequent review of a transaction or endorsement of a property or Property Holder (a "Submission") also constitutes part of that transaction.
CondoCountry.com is not intended to provide legal, educational, or other professional advice and should not be relied on in that respect.
4. Access & Technical Information
Access to CondoCountry.com is entirely at the discretion of the Company. The Company reserves the right to grant or deny access to CondoCountry.com to any person. Access to and use of password protected and/or secure areas of CondoCountry.com that are not explicitly for User use is restricted to authorized individuals. Unauthorized individuals attempting to access these areas of CondoCountry.com may be subject to prosecution.
Each User is solely responsible for the security of his/her password. Each User shall take precautions to keep his or her password private to prevent any unauthorized use. NEITHER CONDOCOUNTRY.COM NOR ANY OTHER PERSON OR ENTITY WILL BE RESPONSIBLE FOR ANY LOSSES, DAMAGES, OR CONSEQUENCES A USER MAY SUFFER DUE TO CARELESS OR UNAUTHORIZED USE OF A PASSWORD.
Content on CondoCountry.com
CondoCountry.com and all of its content, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (the "Content") are the exclusive property of the Company. The Content is protected by copyright laws and other Canadian and international laws and treaties.
7. User-Submitted Post, Postings, or Advertisements
Users grant CondoCountry.com a royalty-free, irrevocable right to use, reproduce, modify, and publish such content and use the name that Users submit in connection with Postings or Transactions.
The reviews, comments, suggestions, ideas, or the like contained in any Posting, Transaction, or Submission are the opinion of the User only and do not reflect the opinions of CondoCountry.com. CondoCountry.com does not endorse any statement of fact or opinion posted by any User and does not review, verify, or substantiate the content, authenticity, or accuracy of any User's Posting or Submission.
You understand that all Postings or Submissions transmitted through, or linked from CondoCountry.com are the sole responsibility of the person who made such Posting or Submission. You are entirely responsible for each individual item that you Post, Submit, or otherwise make available through CondoCountry.com. You understand that the Company does not control, and is not responsible for, content made available through CondoCountry.com, and that by using CondoCountry.com you may be exposed to Postings or Submissions that are offensive, indecent, inaccurate, misleading, or otherwise objectionable. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY POSTING OR SUBMISSION, THAT YOU MAY NOT RELY ON SAID POSTING OR SUBMISSION, AND THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE IN ANY WAY FOR ANY POSTING OR SUBMISSION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY POSTING OR SUBMISSION OR CONTENT OTHERWISE MADE AVAILABLE VIA CONDOCOUNTRY.COM.
YOUR INTERACTIONS WITH OTHER USERS, ORGANIZATIONS, AND/OR INDIVIDUALS FOUND ON OR THROUGH CONDOCOUNTRY.COM, INCLUDING OFFERS, TENDERS, NEGOTIATIONS, BIDDING, PAYMENT, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES, OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS OR TRANSACTIONS, ARE SOLELY BETWEEN YOU AND SUCH USERS, ORGANIZATIONS, AND/OR INDIVIDUALS. YOU SHOULD MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH EITHER ONLINE OR OFFLINE TRANSACTION WITH ANY OF THESE USERS, ORGANIZATIONS, AND/OR INDIVIDUALS.
8. Conduct of User
You agree not to Post, Submit, or otherwise make available content on CondoCountry.com:
- in an inappropriate category or area on CondoCountry.com;
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, provincial, national, or international law;
- containing nude and/or pornographic images;
- containing advertisements or solicitations of any kind, other than for the purpose of CondoCountry.com;
- that contains personal information, such as names, phone numbers, social insurance numbers, account numbers, or addresses, other than for the lawful purposes of using CondoCountry.com;
- with messages by non-spokesperson employees of the Company purporting to speak on behalf of CondoCountry.com or containing confidential information or expressing opinions concerning CondoCountry.com; or
- with messages that offer unauthorized downloads of any copyrighted or private information.
The Company is under no obligation to review any Postings, Submissions, messages, profiles, information, or other content posted on CondoCountry.com by Users and assumes no responsibility or liability relating to any such content. Notwithstanding the above, the Company may, in its sole and absolute discretion, decline to accept and/or remove any content that contains that which is set out above.
Furthermore, you will not:
- use CondoCountry.com if you are not able to form legally binding contracts, or are under the age of majority;
- manipulate or interfere with another User's Posting or Submission;
- circumvent or manipulate the Company's fee structure, billing process, or fees owed to the Company;
- post false, inaccurate, misleading, defamatory, or libellous content;
- distribute viruses, worms, Trojan horses, or any other programs or technologies that might harm the Company or the interests or property of other CondoCountry.com Users; or
- harvest or otherwise collect information about other Users, including e-mail addresses, without their consent.
9. Posting Agents
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post content to CondoCountry.com on behalf of others. To moderate demands on CondoCountry.com's resources, you may not use a Posting Agent to post content to the website without express permission or license from the Company. Correspondingly, Posting Agents are not permitted to post content on behalf of others, to cause content to be so posted, or otherwise access CondoCountry.com to facilitate posting content on behalf of others, except with express permission or license from the Company.
10. Third Party Internet Sites
Periodically, links may be established from CondoCountry.com to one or more external websites or resources operated by third parties ("Third Party Sites"). These links are provided for your convenience only. Access to Third Party Sites linked to CondoCountry.com is at the User's own risk. You should be aware that Third Party Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on CondoCountry.com. THE COMPANY IS NOT RESPONSIBLE FOR SUCH PROVISIONS, AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO SUCH PROVISIONS.
In addition, certain Third Party Sites may also provide links to CondoCountry.com. The Company prohibits caching, unauthorized hypertext links to CondoCountry.com and the framing of any content available through CondoCountry.com by these Third Party Sites. The Company reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content available on any Third Party Sites linked to CondoCountry.com.
Privacy & Confidentiality of Content
11. Transmission of Personal Data
12. Confidentiality of User Communications
User should be aware that Third Party Sites may contain confidentiality provisions that differ from the provisions provided herein. The Company is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
Waiver, Indemnity, and Release
13. No Warranties
ALL CONTENT AND SERVICES ON OR AVAILABLE THROUGH CONDOCOUNTRY.COM, OR OBTAINED FROM A THIRD PARTY SITE, ARE PROVIDED TO USERS "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE COMPANY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY SUBMISSION, OPINION, MESSAGE, POSTING, PROFILE, ADVICE OR STATEMENT MADE THROUGH CONDOCOUNTRY.COM OR A THIRD PARTY SITE, OR THE CAPABILITIES OR RELIABILITY OF ANY SERVICE OBTAINED FROM CONDOCOUNTRY.COM OR A THIRD PARTY SITE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH CONDOCOUNTRY.COM OR A THIRD PARTY SITE, OR A USER'S RELIANCE ON ANY SERVICE OBTAINED FROM CONDOCOUNTRY.COM OR A THIRD PARTY SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY SUBMISSION, OPINION, MESSAGE, POSTING, PROFILE, ADVICE OR OTHER CONTENT OBTAINED FROM CONDOCOUNTRY.COM OR A THIRD PARTY SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC SUBMISSION, OPINION, MESSAGE, POSTING, PROFILE, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
THE COMPANY DOES NOT WARRANT THAT CONDOCOUNTRY.COM WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
14. LIMITATION OF LIABILITY FOR USE OF CONDOCOUNTRY.COM AND THIRD PARTY SITES
THE INFORMATION, SERVICES, AND DESCRIPTIONS OF SERVICES PUBLISHED ON CONDOCOUNTRY.COM OR A THIRD PARTY SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION OR CONTENT ON CONDOCOUNTRY.COM AND THIRD PARTY SITES. THE COMPANY MAY MAKE IMPROVEMENTS OR CHANGES TO CONDOCOUNTRY.COM AND THE SERVICES OFFERED BY CONDOCOUNTRY.COM AT ANY TIME. YOU AGREE THAT THE COMPANY, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE, OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF CONDOCOUNTRY.COM OR A THIRD PARTY SITE, OR WITH THE DELAY OR INABILITY TO USE CONDOCOUNTRY.COM OR A THIRD PARTY SITE, EVEN IF THE COMPANY IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES, WORMS, TROJAN HORSES, ETC. WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL, ELECTRONIC EQUIPMENT, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS, OR ANY FORCE MAJEURE. THE COMPANY CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO CONDOCOUNTRY.COM.
15. LIMITATION OF LIABILITY FOR SERVICES AND/OR TRANSACTIONS ARRANGED THROUGH CONDOCOUNTRY.COM
YOU AGREE THAT CONDOCOUNTRY.COM IS A MERE CONDUIT FOR THE PROVIDERS OF SERVICES AVAILABLE THROUGH CONDOCOUNTRY.COM. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED THROUGH CONDOCOUNTRY.COM ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SERVICE PROVIDERS (E.G. INCLUDING RENTERS, PROPERTY HOLDERS, ADVERTISERS, OR THIRD PARTY SITES).
THE COMPANY HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, IN CONNECTION WITH: (1) THE USE OF CONDOCOUNTRY.COM BY YOU AND/OR ANY USER; (2) ANY INTERACTIONS BETWEEN USERS; AND/OR (3) ANY SERVICES PROVIDED BY ANY USER THROUGH CONDOCOUNTRY.COM; AND INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY, OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF ANY USER, AND YOU HEREBY EXONERATE THE COMPANY FROM ANY LIABILITY WITH RESPECT TO THE SAME.
YOU WILL NOT HOLD THE COMPANY RESPONSIBLE FOR OTHER USER'S POSTINGS, SUBMISSIONS, CONTENT, ACTIONS OR INACTIONS, OR PROPERTIES THEY LIST. YOU ACKNOWLEDGE THAT CONDOCOUNTRY.COM IS NOT A TRADITIONAL AUCTIONEER. INSTEAD, THE WEBSITE IS A VENUE TO ALLOW ANYONE TO ADVERTISE THEIR PROPERTY FOR RENTAL IN A VARIETY OF FORMATS AND VENUES, SUCH AS FIXED-PRICE AND AUCTION-STYLE FORMATS. THE COMPANY IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN RENTERS AND PROPERTY HOLDERS. THE COMPANY HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY OR SAFETY OF PROPERTIES ADVERTISED, THE TRUTH OR ACCURACY OF USER'S CONTENT OR POSTINGS, THE ABILITY OF PROPERTY HOLDERS TO RENT PROPERTY, THE ABILITY OF RENTERS TO PAY FOR RENTALS, OR THAT A RENTER AND PROPERTY HOLDER WILL ACTUALLY COMPLETE A TRANSACTION.
THE COMPANY CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO CONDOCOUNTRY.COM'S SERVICES, AND OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE COMPANY'S CONTROL. ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, THE COMPANY EXCLUDES ALL IMPLIED WARRANTIES, TERMS, AND CONDITIONS. THE COMPANY IS NOT LIABLE FOR ANY LOSS OF MONEY, GOODWILL, OR REPUTATION, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF CONDOCOUNTRY.COM.
17. Limitations on Service
You acknowledge that the Company may establish limits concerning the use of CondoCountry.com, including the maximum number of days that a Posting, Submission, or other content will be retained by the website, the maximum number and size of Postings, Submissions, messages, or other content that may be transmitted or stored by the Company, and the frequency with which you may access the website. YOU AGREE THAT THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY CONTENT MAINTAINED OR TRANSMITTED BY CONDOCOUNTRY.COM. You acknowledge that the Company reserves the right at any time to modify or discontinue the website (or any part thereof), with or without notice, and that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the website.
18. RESOLUTION OF DISPUTES AND RELEASE OF THE COMPANY
YOU AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY TRANSACTIONS. If there is a dispute between participants on the website, or between Users and any third parties, you understand and agree that the Company is under no obligation to become involved. YOU HEREBY RELEASE THE COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS, AND SUCCESSORS FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OF NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES.
19. Fees & Services
Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees and applicable taxes associated with CondoCountry.com's services in a timely manner with a valid payment method. If your payment method fails or your account is past due, the Company may collect fees owed using other collection mechanisms, including, but not limited to, charging other payment methods on file with the Company, retaining collection agencies and legal counsel, etc.
20. Payment Terms & Orders
Payment must be received by the Company prior to a Property Holder's acceptance of a Posting placed through CondoCountry.com. Payment will be made through PayPal. You must provide your exact billing address and telephone number, being the address and telephone number that your credit card's bank has on file for a credit card utilized through PayPal. Incorrect information may cause a delay in processing an order. The Company may invoice parts of an order separately.
The User is responsible for all taxes associated with the Posting or transaction, however designated and/or whether or not charged by the Company on the applicable invoice. Incorrect information may cause a delay in processing a Posting. If applicable, a separate charge for taxes will be shown on the Company's invoice.
To protect against the risk of liability, the Company has at times requested, and may continue to request, that PayPal hold Renter's funds until an offer, tender, or bid has been accepted by the Property Holder.
22. Jurisdiction/Governing Law
23. Language and Communications
You further acknowledge and agree that all communications and documents between you and the Company with respect to your use of CondoCountry.com may take place electronically and that all such electronic notices, agreements, and other communications from the Company shall be the legal equivalent of written communications.
By visiting or using CondoCountry.com, you agree:
- to provide complete and accurate information to the Company, including, but not limited to, information required to register with CondoCountry.com and all credit card information;
- that PayPal, your credit card company and bank will honour the charges incurred by you;
- that you will pay all charges that you incur at the then-current rates;
- to provide for your own access to the CondoCountry.com, including, but not limited to, obtaining and maintaining all telephone, computer hardware, software, and other equipment and paying all related charges;
- NOT to upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- NOT to delete or modify any author attributions, legal notices, or other proprietary designations or labels in any file that is uploaded; and/or
- NOT to incorporate any information from CondoCountry.com into any other directory, product, or service.
This document was last updated on November 15, 2011