Terms and conditions for advertisers and users of our site

Terms and Conditions


General Terms of Use

Welcome to the FlipKey.com website (the "Website"). This Website is provided solely to assist customers in gathering vacation rental travel information, determining the availability of travel-related goods and services, making legitimate personal vacation rental inquiries, rental reservations, paying for such rental reservations or otherwise transacting business with our travel suppliers (unless you are a Manager, as defined herein, in which case additional terms and restrictions apply), and for no other purposes. Use of the Website for any other purpose is strictly prohibited. The terms "we", "us", "our" and "FlipKey" refer to FlipKey, Inc., a Delaware corporation and/or our subsidiaries. The term "you" refers to the customer visiting the Website and/or contributing content on this Website.

This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. You may not amend this Agreement. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.

Here is a quick summary, which in no way substitutes for reading the entire Agreement:

1) We help travelers find and reserve vacation rental accommodations. We also help suppliers advertise and book their rentals through our website. However, we are not a travel agency and we do not provide or own travel services or accommodations ourselves. When you inquire or book a vacation rental you will be dealing with our suppliers directly, including the rental, refund and cancellation policies of each supplier.

2) We collect guest reviews from travelers who have stayed in vacation rentals. If you are submitting a review, we'll protect your privacy and we will have the right to publish and use your review.

3) We list vacation rental information. If we include information about vacation rentals you manage or own, you agree that you'll provide us accurate information about your rentals, your guests and you give us the right to publish and use this information.

4) We protect our brand, content, website and users. If you are trying to do something bad to us or our users, it's prohibited and we limit our liability from and disclaim the bad things people may do.

5) Each week thousands of people use FlipKey to find great vacation rentals, list their own vacation homes and help other travelers by submitting guest reviews about their rental experience. It works.
WEBSITE IS A VENUE AND WE ARE NOT A PARTY TO ANY TRANSACTIONS OR RENTAL AGREEMENTS

We urge all users to be responsible about their use of this Website and any transaction entered into as a result of either listing a property or renting a property. We do not own or manage, nor can we contract for, any vacation rental property listed on the Website. FlipKey acts as a venue to allow homeowners and property managers who advertise on the Website (each, a "Manager") to offer for rent specific vacation rental properties to potential renters, including various ways for users to communicate with one another and enter into rental agreements or rental transactions.

We are not a party to the rental transaction between the traveler and the Manager. As a result, any part of an actual or potential transaction between a traveler and a Manager, including the quality, condition, safety or legality of the properties advertised, the accuracy of the listing content, the ability of Managers to rent a vacation property or the ability of travelers to pay for vacation rental properties are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into a separate rental agreement with the Manager prior to making a booking or purchasing a product or service and such agreement may place additional restrictions on your booking, product or service.

Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal compliance pertaining to rental properties listed on the Website, there may be circumstances where we are nevertheless legally obligated, as we determine in our sole discretion, to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.
USE OF THE WEBSITE

As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use this Website in accordance with this Agreement, (iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act, (v) all information supplied by you on this Website is true, accurate, current and complete, and (vi) if you have a FlipKey.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

LIMITED LICENSE

FlipKey grants you a limited, revocable, non-exclusive, non-sublicensable license to access and use the Website and to view, copy and print portions of the Website content solely for the purpose of advertising a vacation rental property, searching for a vacation rental property, or for any other purpose clearly stated on a Website, all in accordance with this Agreement. Any use of the Website that is not for one of these purposes or otherwise in accordance with this Agreement or as otherwise authorized by us in writing is expressly prohibited. Such license is subject to this Agreement, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Website for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Website or any portion thereof; (iii) any displays or printouts of Website content must be marked "(c) 2012-13, FlipKey, Inc. All rights reserved."; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Website content; (v) you may not use any data mining, robots or similar data gathering or extraction methods; (vi) you may not use the Website other than for its intended purpose; and (vii) you may not reproduce, prepare derivative works from, distribute or display the Website or any site content (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Website or site content without the prior written permission of FlipKey is strictly prohibited and will terminate the license granted herein. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time. You represent and warrant that your use of the Website and any content herein will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
PROHIBITED ACTIVITIES

The license to use the Website only extends to the uses expressly described herein. The content and information on this Website (including, but not limited to, price and availability of vacation rental properties and travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

(i) use this Website or its contents for any commercial purpose;

(ii) make, or use the Website to make, any speculative, false, or fraudulent reservation, reservation request or any reservation in anticipation of demand;

(iii) access, monitor, reproduce, upload, republish, distribute, transmit, display or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

(iv) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;

(v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure, adversely affects the performance of the Website, or infringes on our copyright or the copyright of our suppliers;

(vi) deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission;

(vii) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization;

(vii) take any action that may undermine the feedback or ratings systems, including posting false, inaccurate or misleading feedback, ratings and reviews;

(viii) sell, offer for sale, transfer, or license any portion of the Website in any form to any third parties; or

(ix) post or transmit any false, inaccurate, misleading, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by this Agreement.
USER VERIFICATION

User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user's purported identity. We encourage you to communicate directly with a traveler or member through the tools available on the Website, though even this does not assure you of the identity of the person with which you are communicating.

You agree to (i) keep your password and online ID for both your account with us and any personal email account associated with your account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or that you did not intend or want performed.

EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER FLIPKEY NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER'S PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR FLIPKEY ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH FLIPKEY AND OTHER USERS. Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
OWNERSHIP, COPYRIGHT AND TRADEMARK NOTICES

Except as otherwise indicated, the Website, and all text, images, marks, logos and other content contained herein, including, without limitation, the FlipKey logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of FlipKey or its licensors or users and are protected by U.S. and international copyright laws. All contents of this Website are: ©2014 FlipKey, Inc. All rights reserved. FlipKey, Inc. is not responsible for content on websites operated by parties other than FlipKey, Inc. FLIPKEY and the FlipKey logo and all other product or service names or slogans displayed on the Website are registered and/or common law trademarks of FlipKey, Inc. and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of FlipKey or the applicable trademark holder. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of FlipKey and may not be copied, imitated or used, in whole or in part, without the prior written permission of FlipKey. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by FlipKey.

If you are aware of an infringement of our brand, please let us know by e-mailing us at brands@flipkey.com. We only address messages concerning brand infringement at this email address.
REVIEWS, COMMENTS AND OTHER SUBMISSIONS

We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any vacation home rental reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant FlipKey and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; (b) use the name that you submit in connection with such Submission. You acknowledge that FlipKey may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a vacation home rental review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant FlipKey the right to pursue at law any person or entity that violates your or FlipKey's rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the FlipKey.com website If you do not agree to these terms and conditions, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from uploading, posting or transmitting or otherwise publishing to or from this Website any of the following:

a. Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

b. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

c. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

d. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

e. Unsolicited promotions, political campaigning, advertising or solicitations;

f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

g. Viruses, corrupted data or other harmful, disruptive or destructive files; or

h. Content that, in the sole judgment of FlipKey, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose FlipKey or its affiliates or its users to any harm or liability of any type.

You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that FlipKey may exercise its rights (e.g. use, publish, delete, edit and modify) to any content you submit without notice to you.

FlipKey takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is FlipKey liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, FlipKey is not liable for any statements, representations or Content provided by its users in any public forum. Although FlipKey has no obligation to screen, edit or monitor any of the Content posted to or distributed by users, FlipKey reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Website at any time and for any reason.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by FlipKey or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release FlipKey, and its licensees, successors and assigns, from any claims that you could otherwise assert against FlipKey by virtue of any such moral rights.
SUPPLIER RULES AND RESTRICTIONS

Separate terms and conditions will apply to your reservation and booking of vacation home rentals and travel-related goods and services that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of products, or services. You acknowledge that some vacation rental managers and third-party providers offering certain services and/or activities may require you to sign their rental agreement and/or liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable vacation home rental or travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
TRAVEL DESTINATIONS

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. FlipKey urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, http://www.treas.gov/ofac and http://www.customs.gov.

BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, FLIPKEY DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING VACATION HOME RENTAL AVAILABILITY AND PRICING ERRORS. FLIPKEY, ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE "FLIPKEY COMPANIES") AND THE AFFILIATED, CO-BRANDED AND/OR LINKED WEBSITE PARTNERS THROUGH WHOM WE PROVIDE SERVICE (COLLECTIVELY, "FLIPKEY AFFILIATES") DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE VACATION HOME RENTAL PROPERTIES, LODGING, AIR, CRUISE, CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, LIST OF VACATION RENTAL PROPERTY AMENITIES, GENERAL PRODUCT DESCRIPTIONS, AND REVIEWS AND RATINGS ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, FLIPKEY EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.

THE FLIPKEY COMPANIES, THE FLIPKEY AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE FLIPKEY COMPANIES OR THE FLIPKEY AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE FLIPKEY COMPANIES, THE FLIPKEY AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE FLIPKEY COMPANIES, THE FLIPKEY AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FLIPKEY COMPANIES, THE FLIPKEY AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

THE PROPERTY MANAGERS, OWNERS, SERVICES AND OTHER SUPPLIERS PROVIDING VACATION RENTAL PROPERTY INFORMATION, TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE FLIPKEY COMPANIES, OR THE FLIPKEY AFFILIATES. THE FLIPKEY COMPANIES AND THE FLIPKEY AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE FLIPKEY COMPANIES AND THE FLIPKEY AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

IN NO EVENT SHALL THE FLIPKEY COMPANIES, THE FLIPKEY AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE FLIPKEY COMPANIES, THE FLIPKEY AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE FLIPKEY COMPANIES, THE FLIPKEY AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.

If, despite the limitation above, the FlipKey Companies, the FlipKey Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the FlipKey Companies, the FlipKey Affiliates or their respective suppliers liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on this Website, or (b) One-Hundred Dollars (US$100.00).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the FlipKey Companies, the FlipKey Affiliates, and/or their respective suppliers.
INDEMNIFICATION

You agree to defend and indemnify the FlipKey Companies, the FlipKey Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by any person or third parties as a result of:

(a) your breach of this Agreement or the documents referenced herein;

(b) your violation of any law or the rights of a third party; or

(c) your use of this Website.
HYPERLINKS

You are granted a limited, non-exclusive right to create a text hyperlink to the Website for non-commercial purposes, provided such link does not portray FlipKey or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a FlipKey logo or other proprietary graphic of FlipKey to link to the Website without the express written permission of FlipKey. Further, you may not use, frame or utilize framing techniques to enclose any FlipKey trademark, logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without FlipKey's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of FlipKey or any third party. Nothing contained on the Website may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of FlipKey or any third party without the prior written permission of FlipKey or such other party that may own such patent, trademark, copyright or other proprietary right(s).
LINKS TO THIRD-PARTY SITES

This Website contains hyperlinks to websites operated by parties other than FlipKey. Such hyperlinks are provided for your reference and convenience only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from this Website ("Software") is the copyrighted work of FlipKey, FlipKey Affiliates, and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.

Please note that all Software, including, without limitation, all HTML code, JavaScript and other code and software applications contained on this Website, is owned by the FlipKey Companies, FlipKey Affiliates, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
CURRENCY RATES

Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. The currency information supplied by on this Website is believed to be accurate, but the FlipKey Companies, the FlipKey Affiliates, and/or our respective suppliers do not warrant or guarantee such accuracy.
CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe in good faith that materials hosted by us infringe your copyright, please click here for additional information: Copyright Dispute Policy.
FLIPKEY PAYMENTS

We provide FlipKey Payments as a service to our users looking to rent a vacation property ("Guests") and Managers to reserve and pay for rentals, including managing inquiries, rental agreements, cancellations and damage protection insurance. Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from or otherwise continue using FlipKey Payments. Failure to use our Website and services in accordance with these terms of use may subject you to severe civil and criminal penalties. We reserve the right to modify the terms or policies relating to FlipKey Payments at any time, effective upon posting of an updated version of these terms on the Website. By using FlipKey Payments, you agree that the posting of new or revised terms and conditions on the Website will constitute adequate and constructive notice to you of any and all revisions and changes. Continued use after any such changes or after explicitly accepting the new terms shall constitute your consent to such changes.

Rental Fees. The rental fees for each property listing ("Listing") consist of the base rental amount for the Listing, as determined by the Manager, including any applicable Taxes (as defined below) collected by the Manager, cleaning fees or other discretionary Manager fees, as applicable (the "Rental Fee"). The amounts due and payable by a Guest relating to the booking of a Manager's Listing are the Rental Fee and the Security Deposit or Damage Protection Insurance, as applicable, collectively referred to in this Agreement as the "Total Fee". Please note that the Manager that determines the Rental Fee and not FlipKey.

Payment Terms. You agree to pay FlipKey, acting on behalf of the Manager, for the Total Fee (subject to any Scheduled Payments, discussed below) for any booking at the time you accept a quote received from a Manager. The Total Fee will be collected in accordance with this Agreement and the pricing terms specified in the booking request.

When you complete a rental booking request, you will be asked to provide your billing information, including your name, billing address and credit card information either to FlipKey or its third party payment processor. You agree to pay FlipKey for any confirmed bookings made in connection with your vacation rental booking in accordance with this Agreement by one of the methods described on the Website - e.g. by PayPal, check or credit card, as available. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by FlipKey or indirectly, via a third party online payment processor or by one of the payment methods described on the Website.

Payment Processors or Providers. If you are directed to a third party payment processor or payment provider (e.g. PayPal), you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services. You agree to indemnify and keep us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of or in connection with your use of such third party services, in particular any claims from such processors/providers (including PayPal) resulting from your actions or omissions. We are not responsible for provision of such third party services, in particular, any decision taken by PayPal or another provider to decline your payment, based on its risk assessment of you or the transaction. You shall not hold us liable for any losses you suffer as a result of using such third party services.

Security Deposits. Managers may choose to include security deposits in their Listings ("Security Deposits"). Each Listing will describe whether a Security Deposit is required for the applicable Listing. If a Security Deposit is included in a Listing for a confirmed booking, FlipKey, as the Manager's payment agent, may request a pre-authorization of the Guest's credit card and hold such amount as the Manager determines for the Security Deposit prior to the Guest's check-in at the applicable Manager's Listing. FlipKey may charge your credit card in the event of damage caused at a Listing pursuant to the terms of the rental agreement and the Security Deposit.

Scheduled Payments. Managers may ask Guests to make scheduled, partial payments toward the Total Fee owed for a confirmed rental of the applicable Listing (collectively, "Scheduled Payments"). If Scheduled Payments apply to your payment obligations for Total Fees owed, you authorize FlipKey to collect the Total Fee on behalf of the Manager, based on the schedule and amounts noted in the booking request or in other communications.

Cancellations and Refunds. As a Guest, if you wish to cancel a confirmed booking made via our Website, the cancellation policy of the Manager contained in the applicable Listing will apply to and govern the terms of your cancellation and any refunds. If a Manager cancels a confirmed booking made via our Website prior to the check-in date, FlipKey will refund the Total Fee for such booking to the applicable Guest within a commercially reasonable time of the cancellation.

Rental Agreements. By utilizing a rental agreement in FlipKey Payments, the Guest and Manager agree to the terms and conditions set forth in the rental agreement (including without limitation the cancellation refund policy) effective as of the date that the user indicates acceptance of the rental agreement. You hereby acknowledge and agree that (a) you are fully responsible for reviewing and complying with the terms and conditions of the rental agreement, (b) any rental agreement used, whether a sample provided by the Website or a rental agreement added to FlipKey by either party, is used solely at their own risk and expense, (c) nothing contained in your FlipKey account, this Agreement, or any sample rental agreement is a substitute for the advice of an attorney, (d) your rental agreement for the Listing is with the Manager, not FlipKey, and that you shall not hold FlipKey responsible for any acts or omissions of the Manager relating to the rental transaction, and (e) that you have hereby been advised to obtain local legal counsel to prepare, review and revise as necessary any rental agreements to ensure compliance with federal, state, and local law and their particular circumstances, and to revise the rental agreement as necessary to accurately represent their property, rules and features and circumstances of Guests as applicable. You agree and acknowledge that FlipKey is acting as the Manager's payment agent for the limited purpose of receiving your payment and that payment to FlipKey shall be considered the same as a payment to the Manager.

Damage Protection Insurance. By utilizing and/or purchasing Damage Protection Insurance in connection with FlipKey Payments, you agree to the terms and conditions under the Damage Protection Insurance Assignment of Benefits Policy, acknowledge that you understand that certain policy restrictions apply, and agree that Property Damage Protection may be included in the rental. You further acknowledge and agree that (a) although the Damage Protection policy will pay a maximum benefit up to the policy limit, you remain fully responsible for the care and condition of the vacation rental property and for any damage to the vacation rental property, (b) you remain fully responsible for any damages that are not covered by the policy or that exceed the policy limits, (c) if during your stay at the vacation rental, you, as the insured person under the Damage Protection plan, causes any damage to real or personal property of the Manager as a result of inadvertent acts or omissions, you will be responsible for the cost of repair or replacement of such property and hereby authorize TransAmerica to release any claim payment for covered damages (up to the maximum benefit limit) directly to the Manager of the rental property. You agree to hold harmless TransAmerica, FlipKey, the Manager and Stonebridge Casualty Insurance Company for any costs associated with the payment of any such security deposit benefits. Full details of the Damage Protection Insurance are contained in the Description of Coverages located at https://secure.flipkey.com/pdf/security_deposit_dofc.pdf. Managers further acknowledge and agree that they will choose the plan level with the appropriate level of coverage needed for each vacation rental property.
GENERAL

This Website is operated by a U.S. entity and this Agreement is governed by the laws of the Commonwealth of Massachusetts, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Suffolk County, Massachusetts, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

You agree that no joint venture, partnership, or employment relationship exists between you and the FlipKey Companies as a result of this Agreement or use of this Website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and Agreement shall continue in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and FlipKey with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and FlipKey with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


Privacy Policy

FlipKey believes in protecting your privacy. Please review our current Privacy Policy, which also governs your use of Flipkey.com, to understand our practices.

TRUST. We understand that making purchases and travel plans online involves a great deal of trust on your part and we respect your privacy. We take this trust very seriously, and make it our highest priority to ensure the security and confidentiality of the personal information you provide to us. Please read the following policy to learn about our privacy practices. By visiting our U.S. website, www.flipkey.com, you are accepting the practices described herein.
What Personal Information We Collect

In General


We receive and store any information you enter on our Web site or give us in any other way. This includes information that can identify you ("personal information"), including your first and last name, telephone number, postal and e-mail addresses, and, in some cases, billing information (such as credit card number, cardholder name, and expiration date). We also may request information about your traveler preferences. You can choose not to provide information to us, but in general some information about you is required in order for you to register as a member; purchase products or services; complete a traveler profile; participate in a survey, contest, or sweepstakes; ask us a question; or initiate other transactions on our site.
Information from Other Sources


FlipKey does not currently use independent third-party sources to add to our user account information or delivery and address information.
Automatic Information


We automatically collect some information about your computer when you visit FlipKey.com. For example, we will collect your IP address, Web browser software (such as Netscape Navigator or Internet Explorer), and referring Web site. We also may collect information about your online activity, such as properties viewed, reservations sent, and purchases made. One of our goals in collecting this automatic information is to help customize your user experience.
Cookies and Other Web Technologies


When you visit FlipKey.com, we may assign your computer a "cookie" (a small, unique identifier text file). For example, whenever you sign in as an FlipKey.com member, we record your member ID and the name on your member account in the cookie file on your computer. We also may record your password in this cookie file, if you checked the box entitled "Save this password for automatic sign-in." Note that member IDs, passwords, and any other account-related data included in such cookies are encrypted for security purposes. You can always choose not to receive a cookie file by enabling your Web browser to refuse cookies or to prompt you before accepting a cookie. Please note that if you refuse to accept cookies from FlipKey.com, you may not be able to access many of the travel tools we offer.
Information Collected by Third-Party Advertising Companies


Third-party advertisers, such as those we use to serve ads on our behalf across the Internet, may use cookies and other technologies (such as Web beacons or single-pixel GIFS) for several purposes, including: to measure the effectiveness of their ads; to analyze, modify, and personalize advertising content on FlipKey.com and other sites; and to provide ads about goods and services we hope will be of interest to you. We do not have access to or control over cookies or other features they may use, and the information practices of these advertisers are not covered by this Privacy Policy.
How We Use Your Personal Information


FlipKey does not sell user information, including name, email address, contact information, phone number, or any other personally identifiable information, to third-parties. FlipKey uses information about you for the following general purposes: to provide you with the products and services you request; to provide you with travel confirmation and updates; to manage your account, including processing bills and providing travel notifications; to communicate with you in general; to respond to your questions and comments; to measure interest in and improve our products, services, and Web site; to notify you about special offers and products or services that may be of interest to you; to otherwise customize your experience with FlipKey.com; to solicit information from you, including through surveys; to resolve disputes, collect fees, or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce our General Terms of Use; and as otherwise described to you at the point of collection.

If you provide your email address to FlipKey, you agree to allow us to add your email to our database of users. You may receive one or more promotional emails either from us or one our affiliates. You are welcome to opt not to receive these promotional messages. In the event that you use any of our tools that we may from time to time offer that integrate in any way with a third party website to which you have provided data or information, you acknowledge and agree that such third party website shall be responsible for how the data or information you have provided to such website is handled.

FlipKey.com may share your information with the following entities:

Suppliers, such as vacation rental managers, rental owners, hotel, airline, cruise, or car rental companies, or activity providers, who fulfill your travel reservations. Throughout FlipKey.com, all services provided by a third-party supplier are described as such. We do not share your email address with these suppliers unless they need it to fulfill the travel reservation you have made on FlipKey.com, and we restrict their use of this information to that purpose. We do not place limitations on our suppliers' use or disclosure of your other personal information. Therefore, we encourage you to review the privacy policies of any travel supplier whose products you purchase through FlipKey.com. Please note that these suppliers also may contact you as necessary to obtain additional information about you or to facilitate your travel reservation.

Third-party vendors who provide services or functions on our behalf, including credit card processing, business analytics, customer service, marketing, distribution of surveys or sweepstakes programs, and fraud prevention. These companies have access to personal information needed to perform their functions but are not permitted to share or use the information for any other purpose.

Business partners with whom we may jointly offer products or services. You can tell when a third party is involved in a product or service you have requested because their name will appear with ours. If you choose to access these optional services, we may share information about you, including your personal information, with those partners. Please note that we do not control the privacy practices of these third-party business partners and recommend you evaluate their practices before deciding to provide your personal information.

Sharing this information with our U.S. corporate affiliates, enables us to provide you with information about products and services, both travel-related and other, which might interest you. To the extent that our corporate affiliates have access to your information, they will follow practices that are at least as restrictive as the practices described in this Privacy Policy. They also will comply with applicable laws governing the transmission of promotional communications and, at a minimum, give you an opportunity in any commercial e-mail they send to choose not to receive such e-mail messages in the future.

We also may share your information: (i) in response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law; (ii) to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of FlipKey.com, our customers, or others; and in connection with our General Terms of Use and other agreements; and (iii) in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Other than as set out above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.

We also may share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors a Web site receives or what are the most popular vacation destinations. This information does not contain any personal information and is used to develop content and services we hope you will find of interest.
How You Can Access Your Personal Information


You can access your information at various points on the FlipKey.com Web site. These include: (i) the MyFlipKey Profile page, where you can view, update, or change your personal information and update your member profile, travel preferences and associated information; (ii) the Account page, where you can change your password; and (iii) the My Favorites page, where you can view, update, or delete your saved vacation properties.
Your Choices Regarding Collection and Use of Your Information


As discussed above, you can choose not to provide us with any information, although it may be needed to make travel reservations, contact our suppliers or take advantage of certain features offered on FlipKey.com.

You can also add or update information on the MyFlipKey Profile, Account and My Favorites pages as described above.

The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies from FlipKey.com, you will not be able to access portions of our site.
How We Protect Your Personal Information


We want you to feel confident about using FlipKey.com to plan your vacation rental and purchase your travel, so we are committed to protecting the information we collect. While no Web site can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information you provide to us. For example, only authorized employees are permitted to access personal information, and they only may do so for permitted business functions. In addition, we use encryption when transmitting your sensitive personal information between your system and ours, and we employ firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your information.
Children's Privacy


FlipKey.com does not sell travel or other services for purchase by children. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.
External Links


If any part of the FlipKey.com Web site links you to other Web sites, those Web sites do not operate under this Privacy Policy. We recommend you examine the privacy statements posted on those other Web sites to understand their procedures for collecting, using, and disclosing personal information.
Changes to this Privacy Policy


FlipKey.com may update this Privacy Policy in the future. We will notify you about material changes to this Privacy Policy by sending a notice to the e-mail address you provided to us or by placing a prominent notice on our Web site.
How You Can Contact Us


If you have questions about this Privacy Policy (or your travel planning or purchases), please e-mail us at memberservices@flipkey.com.

This Privacy Policy is effective as of March 25, 2008.

 


Privacy

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