|
Use of the searching features at Rooster.com (our "search engine") and any
other services that Rooster, Inc. (we or Rooster) might offer from time to
time (collectively "Our Services") are subject to the following terms and
conditions (the Terms of Use). By using Our Services, you agree to be bound by
the Terms of Use. You also agree that we may modify or terminate any of Our
Services from time to time, and that we may modify, change or amend the Terms
of Use from time to time without notice. By using Our Services after any such
modification, change, or amendment, you agree to be bound by the revised Terms
of Use.
Our Services are Only for Your Personal Use
You may use Our Services only for your personal, non-commercial use. You may
not use Our Services to sell any product or service to any other party,
including the owners of properties displayed as search results. You may not
post or mirror the results of any search using our search engine on your or any
other website. You may not link to or post information from any properties
displayed on our website or displayed as search results on your or any other
website.
Opt out of Our Search Engine
We do not screen links to web sites or vacation rental properties that are made
available through our search engine. If you own of a vacation rental property
included in our search engine or operate a web site to which we link and do not
wish your property or link to be included in our search engine, you may have
your property or link removed by sending us an email containing the information
specified below. We will, within a reasonable amount of time after our receipt
of your request, and subject to our verification of your authority to make such
request, use reasonable efforts to remove your property or link(s) from our
search engine. To request the removal of your property or link, please send us
an email to support@Rooster.com, which includes the uniform resource locator
of the applicable web site or property, the identity of the property, the name
of the person that owns the property or operates the applicable web site, the
name of the person making the request, the title of the person making the
request, confirmation/certification of the person's legal authority to make the
request, a postal address for the person making the request , and a functioning
email address and telephone number for the person making the request. While we
endeavor to provide a valuable service by expanding the potential number of
renters for your vacation rental home, we respect your privacy and do not wish
to include any properties or links in our search engine over the owner's
objection.
Properties Displayed by Searches at Rooster
The properties displayed as search results or linked to by Our Services are
sometimes posted on websites that are operated by third parties over whom
Rooster has no control. We cannot guarantee that the description or condition
of the properties described in the search results accurately reflect the actual
characteristics and condition of the properties. You agree that we have no
liability with respect to any such discrepancy. We also have no control over
the management or condition of the properties. You agree that we have no
liability with respect to any injury or damage that you or any of your guests
incurs while renting or residing at any of the properties. We have no control
over actual availably of any specific property. You agree that we have no
liability with respect to the lack of availability of a property.
No Automated Querying
You may not send automated queries of any sort to Rooster's system without
express permission in advance from Rooster. Automated queries" includes,
among other things: using any software which sends queries to Rooster to
determine how a website or webpage "ranks" on Rooster for various queries;
"meta-searching" Rooster; and performing "offline" searches on Rooster.
Disclaimer of Warranties
We disclaim any and all responsibility and liability for the accuracy,
completeness, and availability of the results of searches using our search
engine or Our Services.
OUR SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OF ANY TYPE OR KIND. WE
EXPRESSLY DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WE DISCLAIM ANY WARRANTIES
REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF OUR
SERVICES. WE DISCLAIM ANY WARRANTIES WITH RESPECT TO PROPERTIES RENTED WHICH
ARE DISPLAYED AS RESULTS OF A SEARCH OF OUR SEARCH ENGINE OR WITH RESPECT TO
OUR SERVICES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MIGHT NOT APPLY TO YOU. YOU MIGHT
ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO
JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ROOSTER BE LIABLE TO ANY USER OF OUR SERVICES
BECAUSE OF THAT USER'S USE, MISUSE OF OR RELIANCE ON OUR SERVICES WITH RESPECT
TO ANY CLAIM RELATING TO OUR SERVICES. IN NO EVENT SHALL WE BE LIABLE FOR
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE
DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, (EVEN IF ROOSTER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES) AND REGARDLESS OF HOW ANY SUCH DAMAGES ARISE. THIS
LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MIGHT NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Rooster be
liable for any delay or failure in performance resulting directly or indirectly
from acts of nature, forces, or causes beyond its reasonable control,
including, without limitation, Internet, computer failures, telecommunication,
or other equipment failures, electrical power failures, strikes, labor
disputes, riots, insurrections, civil disturbances, shortages of labor or
materials, fires, floods, storms, explosions, war, governmental actions, orders
of domestic or foreign courts or tribunals, non-performance of third parties.
Miscellaneous Provisions
These Terms of Use constitute the entire agreement between the parties with
respect to the subject matter hereof and supersedes and replaces all prior or
contemporaneous understandings or agreements, written or oral, regarding such
subject matter.
Any waiver of any provision of the Terms of Use will be effective only if in
writing and signed by Rooster.
These Terms of Use are governed by and construed in accordance with the laws of
the State of Virginia, without giving effect to its conflict of laws provisions
or your actual state or country of residence. If for any reason a court of
competent jurisdiction finds any provision or portion of the Terms of Use to be
unenforceable, the remainder of the Terms of Use will continue in full force
and effect.
|