Terms of Use: BookDirect.ly helps travelers book vacation rentals directly from property managers. These terms of service outline how our services work and govern how you may use the services that we provide. BookDirect.ly will be hereinafter referred to as “BookDirect”. BookDirect, its employees, partners, and affiliates (collectively, “BookDirect”, “we”, “us”, or “our”) offers a variety of services, including the website at www.BookDirect.ly (the “Website”) and free email subscription services (the “Email Services”) that include emails from us (the “Emails”) (collectively, the “Services”).Accepting the TermsBy using our Services in any form, including but not limited to viewing the Website, browsing the Website, subscribing to Email Services, or viewing Emails, you are acknowledging that you have read, understand, and agree to these Terms of Use (“Terms”). Additionally, you acknowledge that these Terms are a legally binding contract between an individual subscriber or user (“you”) and BookDirect. These Terms also apply to any unregistered users that access the Services. BookDirect reserves the right to remove, add, or change the Terms at any time, at its sole discretion. By continuing to use the Services after the posting of any changes to the Terms, you agree to be bound by the most recent set of Terms. Nothing in these Terms shall be deemed to confer any benefits or third-party rights.Use of ServicesYou agree that you may only use the Services for purposes permitted by these Terms. Any other uses will require written consent from BookDirect. Additionally, you agree to follow all applicable laws and regulations in relevant local, national, and international jurisdictions while using Services. While using these Services, you agree that you are solely responsible for any breach of laws and regulations. Additionally, you are responsible for any breaches of these Terms and any consequences that may result. The Services, and any information contained in these Services, are provided for personal, non-commercial use. Should you want to publicize any information in said Services, you may only do so after obtaining written consent from BookDirect. Uses that fall outside of “non-commercial use” include, but are not limited to: the rental or sale of (1) any part of Services, including the Website and Emails; (2) any collective work that includes Services; and (3) any derivative work based on part of the Services. Currently, BookDirect does not offer an account to login. However, should we offer an account and ask you to create a password, you agree to create a strong password and keep it confidential. We reserve the right to cancel your account at any time, without warning. We may refuse future service to you if you are hostile toward or if you threaten any employees, affiliates, or partners of BookDirect. You agree that you will not access, use, or attempt to use any Services through an automated means, including, but not limited to web crawlers or scripts. Should you provide us with content, you understand that we may use this content across different public networks, such as social media, and that we may make changes to content to fit the technological needs of any specific network. You are solely responsible for any use of third-party services that appear in our Services. Should we suggest a vacation rental managed by a third party vacation rental management company, you are responsible for following the house rules and terms of use from that company. Additionally, BookDirect is not responsible for any damages, lost items, fees, or anything else that may be assessed by the vacation rental manager. Although our Services may include links to these vacation rental managers, you are solely responsible for their use and we do not endorse nor are responsible nor liable for any content on their website, including prices, availability, or fees. Additionally, we are not responsible for a vacation rentals manager’s product or services and do not have any obligation to monitor these services, including but not limited to parasitic insects, viruses, or other disabling features of the home. The Services are intended to be used for informational purposes only and do you constitute as recommendation to buy any goods nor do they constitute as advice of any kind. The Services should be used in tandem with personal research to find the best vacation rental. You must be 13 years or older to register for or submit content to the Services. If you are not at least 13 years old, you shall not attempt to register for the Services or submit content to BookDirect. You affirm that you are more than 18 years of age, or are an emancipated minor, or possess legal parental or guardian consent, and are therefore fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms, and are able to comply with the Terms. Ownership and Proprietary RightsAll elements of the Services provided by BookDirect are protected by United States copyright laws, United States trademark laws, international agreements, and other intellectual property and proprietary rights. This includes but is not limited to: graphics, designs, source code, information, software, products, services and other elements found in the Services. Other than content generated by users or otherwise noted, all materials made available through the Services are property of BookDirect or third-party licensors. Unless given expressed, written consent by BookDirect, you agree not to sell, transmit, license, or otherwise make unauthorized use of the materials in the Services. BookDirect reserves all rights to content in the Services that is not expressly granted in the Terms.Copyright ProtectionBookDirect wants to respect the intellectual property of others and therefore, our policy is to respond to any notice of alleged infringement by following the steps outlined in the U.S. Digital Millennium Copyright Act (DMCA). Should such an instance occur where our Services are using content you own and we do not have your permission to use it, you can request that the content in dispute be removed from our Services under the DMCA. Please email us to make this request. Proper DMCA notifications should contain the following:Signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;Identification of any work claimed to have been infringed;Identification of the specific material that is claimed to be infringing that is reasonably sufficient to permit BookDirect to locate the material;Information reasonably sufficient to allow BookDirect to contact you, including a full name, physical address, mailing address, telephone number, and email address;Statement that you have good faith to believe that the use of the material in the manner complained of is not authorized by the rights owner, agent or the law; andStatement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the rights owner.Please note that it is a violation of federal law to knowingly materially misrepresent that material is infringing.PrivacyOur Privacy Policy (visit at BookDirect.ly/privacy-policy) explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that BookDirect can use such data in accordance with our Privacy Policy.We are committed to protecting the privacy of children. BookDirect does not collect personally identifiable information from any person that it knows is under the age of 13. The Services are not intended or designed to attract children under 13 years of age.Liability for Our Services The Services provided by BookDirect are “as is”, and we expressly disclaim all warranties of all kinds. However, we make no warranty that any of your requirements will be met. This may include, but is not limited any requirements you may have around, accuracy, safety, or security. By using our Services, you accept that information may be inaccurate, offensive, objectionable, or indecent. You agree to waive any legal or equitable rights or remedies you have against BookDirect related to exposure of said content. You affirm and agree that BookDirect may suspend or terminate, without prior notice to you and at BookDirect’ sole discretion, some or all of its services, making the services unavailable to you. BookDirect, at its sole discretion, may remove any content or disable access to any users at any time and for any reason.You also agree that content obtained through your use of our Services is done at your own discretion and risk. In the event of any damage to your computer system or loss of data as a result of your using our Services, you will be solely responsible. You also agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or emails maintained by our Services. We also retain the right to create limits on use and storage at our sole discretion at any time without notice.BookDirect makes no representation that its Services are appropriate for use in locations outside the United States. Those who access or use the Services from other jurisdictions do so on their own volition and are responsible for compliance with local law. You further agree to indemnify, defend, and hold harmless BookDirect, its owners, operators, affiliates, partners, licensors, and licensees to the fullest extent allowed by law, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to attorney’s fees and expenses, related to your use of the Services, violation of the Terms, violation of any third-party right (including without limitation any copyright, property, or privacy right), or any claim that your content caused damage to a third party.BookDirect reserves all rights and remedies against any user who violates these Terms.ArbitrationBy using the Services in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against BookDirect arising out of, relating to, or connected in any way with the Services or the determination of the scope or applicability of these Terms to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in the major United States city that is closest to our place of residence; (4) the arbitrator’s decision shall be controlled by these Terms and any of the other agreements referenced herein that you may have entered into in connection with BookDirect; (5) the arbitrator shall apply Delaware law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (7) the arbitrator shall not have the power to award punitive damages against you or BookDirect. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor BookDirect shall be entitled to arbitrate their dispute.MiscellaneousThe failure of BookDirect to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver is valid and effective only if it is in writing and signed by an authorized representative of BookDirect.If any provision in the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of other provisions.The heading references herein are for convenience only. The headings do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.You agree that any cause of action arising out of or related to the Services must commence within one year after the cause of action accrues. Otherwise such cause of action is permanently barred.The Terms, and your relationship with BookDirect under the Terms, shall be governed by the laws of the State of Delaware. You agree that any action at law or in equity arising out of or relating to the Terms that is not subject to the arbitration provision herein will be filed only in the state or federal courts in and for Delaware, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.LocationBookDirect operates the Website in the United States. Information contained provided via the Services may not be appropriate or available for use in other locations, and accessing the Services from territories where the content of the Services may be illegal is prohibited. If you access the Services from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These Terms shall be construed and enforced in accordance with the laws of the United States, State of Delaware, (without regard to its conflicts of law principles that would cause the application of any other jurisdiction’s laws) and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in Delaware any cause of action relating to or arising under these Terms or the Services that does not otherwise fall within the Arbitration provision above.This agreement was last modified on February, 2020.
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