1. Definitions. www.homedestinations.com.mx is an online rental service operated by Home Destinations, on the World Wide Web of the Internet, consisting of information services and content provided by Home Destinations, Streamline and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of www.homedestinations.com.mx.
2. General. A. This Agreement, which incorporates by reference other provisions applicable to use of www.homedestinations.com.mx, governing the use of certain specific material contained in www.homedestinations.com.mx, sets forth the terms and conditions that apply to use of www.homedestinations.com.mx by Subscriber. By using www.homedestinations.com.mx (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use www.homedestinations.com.mx is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s) if any. B. Home Destinations shall have the right at any time to change or discontinue any aspect or feature of www.homedestinations.com.mx, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms. Home Destinations shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of www.homedestinations.com.mx, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on www.homedestinations.com.mx, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of www.homedestinations.com.mx by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
4. Equipment Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of www.homedestinations.com.mx and all charges related thereto.
5. Subscriber Conduct.
A. Subscriber shall use www.homedestinations.com.mx for lawful purposes only. Subscriber shall not post or transmit through www.homedestinations.com.mx any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Home Destinations express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in Home Destinations’ discretion restricts or inhibits any other Subscriber from using or enjoying www.homedestinations.com.mx will not be permitted. Subscriber shall not use www.homedestinations.com.mx to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with www.homedestinations.com.mx.
B. www.homedestinations.com.mx contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of www.homedestinations.com.mx are copyrighted as a collective work under the United States copyright laws. Home Destinations owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Home Destinations and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. Subscriber shall not upload, post or otherwise make available on www.homedestinations.com.mx any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of www.homedestinations.com.mx, Subscriber automatically grants, or warrants that the owner of such material has expressly granted Home Destinations the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants Home Destinations the right to edit, copy, publish and distribute any material made available on www.homedestinations.com.mx by Subscriber.
D. The foregoing provisions of Section 5 are for the benefit of Home Destinations, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability. A. SUBSCRIBER EXPRESSLY AGREES THAT USE OF www.homedestinations.com.mx IS AT SUBSCRIBER'S SOLE RISK. NEITHER Home Destinations, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT www.homedestinations.com.mx WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF www.homedestinations.com.mx, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH www.homedestinations.com.mx. B. www.homedestinations.com.mx IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT HOME DESTINATIONS AN SERVICES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER. D. IN NO EVENT WILL Home Destinations, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING www.homedestinations.com.mx BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE www.homedestinations.com.mx. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON www.homedestinations.com.mx. E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, Home Destinations, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN www.homedestinations.com.mx, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, Home Destinations, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
7. Monitoring. Home Destinations shall have the right, but not the obligation, to monitor the content of www.homedestinations.com.mx, to determine compliance with this Agreement and any operating rules established by Home Destinations and to satisfy any law, regulation or authorized government request. Home Destinations shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on www.homedestinations.com.mx. Without limiting the foregoing Home Destinations shall have the right to remove any material that Home Destinations, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
8. Indemnification. Subscriber agrees to defend, indemnify and hold harmless Home Destinations, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of www.homedestinations.com.mx. by Subscriber or Subscriber's Account.
9. Termination. Either Home Destinations or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, Home Destinations shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which Home Destinations, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
10. Trademarks. www.homedestinations.com.mx and its logos, images, and icons are trademarks of Home Destinations. All rights reserved. All other trademarks appearing on www.homedestinations.com.mx are the property of their respective owners.
11. Third Party Content. Home Destinations is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, Home Destinations has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of www.homedestinations.com.mx, are those of the respective author(s) or distributor(s) and not of Home Destinations. Neither Home Destinations nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through www.homedestinations.com.mx.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with Home Destinations. Home Destinations neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on www.homedestinations.com.mx by anyone other than authorized Home Destinations employee spokespersons while acting in their official capacities. Under no circumstances will Home Destinations be liable for any loss or damage caused by a Subscriber's reliance on information obtained through www.homedestinations.com.mx. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through www.homedestinations.com.mx. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
12. Cancellation Policy - Mention your confirmation name and rental home upon check-in. Full payment is due 45 days before your visit. No fireworks. No smoking. No pets allowed except with prior approved arrangement by Home Destinations for certain homes. Occupancy must not exceed the number listed on this confirmation, or you may be evicted. Excessive noise will result in loss of deposit and/or eviction. No refunds issued for evictions. There is a $10 United States dollar fee to make any changes to an existing reservation. A NON REFUNDABLE 50% down payment must be received by Home Destinations to secure your reservation. The balance of the second 50% payment plus the refundable security deposit will be due 45 days prior to the first day of the lease term. A security deposit of will be held by Home Destinations as telephone/damage deposit. It is not considered as rent and will be returned to the renter upon compliance with the following conditions: 1. no long distance phone calls charged to property, 2. payment of all rent due, 3. the premises left in a clean habitable condition, 4. the return of all keys and 5. removal of abandoned articles. Deductions from the deposit shall be made for any damage done to property (normal wear and tear excepted) including scratches, burns, stains, holes in walls, as well as damage of personal property of Owner. At least a 3 or 7-night minimum stay is required on holidays and high season for specific homes. There is a $25 United States dollar fee for each non-returned key. There will be no refunds for early departures. Do not remove any items from your unit. Check-in is 2:00 pm or after. Check-out is 10:00 am or before. Unapproved late check-out will be charged $20 United States dollars/hour. Efforts will be made to meet individual requests. However, we cannot guarantee any special services. Home Destinations assumes no responsibility for harm to persons or property. Rates are guaranteed only upon completion of your booking of a reservation. Home Destinations will not confirm a booking until the rental clients provide Home Destinations with the nonrefundable 50% payment at time of booking. The person responsible for making reservation MUST be at least of legal age and must provide identification upon check-in.
13. Miscellaneous. This Agreement and any operating rules for www.homedestinations.com.mx established by Home Destinations constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of Mexico. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.