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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.



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