Please read these terms and conditions of use carefully before accessing, using or obtaining any materials, information, products or services. By accessing, the LiveStay website, mobile or tablet application, or any other feature or other LiveStay platform (collectively "Our Website") you agree to be bound by these terms and conditions ("Terms") and our Privacy Policy. If you do not accept all of these Terms, then you may not use Our Website. In these Terms, "we", "us", "our" or "LiveStay" refers to LiveRez Inc., and "you" or "your" refers to you as the user of Our Website.
We may modify these Terms, for any reason at any time, by posting a new version on Our Website; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of Our Website following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Website in any way, your only recourse is to immediately terminate use of Our Website.
Our Website enable you to view reservations you have made with Vacation Rental Management companies and purchase additional options offered by or through those companies. LiveStay does not provide, own or control any of the vacation rental or related services and products that you can access through Our Website, such as options, specials, transportation, rental cars, packages, or travel insurance (the “Vacation Rental Products”). The Vacation Rental Products are owned, controlled or made available by third parties (the “Vacation Rental Providers”) either directly (e.g. Vacation Rental Management Company) or as an agent (e.g. Transportation or delivery services). The Vacation Rental Providers are responsible for the Vacation Rental Products. The Vacation Rental Provider’s terms and privacy policies apply to your booking so you must agree to, and understand those terms. Further, the terms of the actual Vacation Rental Provider (airline, hotel, tour operator, etc.) apply to your travel, so you must also agree to and understand those terms. Your interaction with any Vacation Rental Provider accessed through Our Website is at your own risk and LiveStay does not have any responsibility should anything go wrong with your booking or during your travel.
The display on Our Website of a Vacation Rental Product or Vacation Rental Provider does not in any way imply, suggest, or constitute a recommendation by LiveStay of that Vacation Rental Product or Vacation Rental Provider, or any sponsorship or approval of LiveStay by such Vacation Rental Provider, or any affiliation between such Vacation Rental Provider and LiveStay.
LiveStay enables you to view information and reservation data based on bookings you have established with a Vacation Rental Provider. LiveStay is in no way responsible for the accuracy, timeliness or completeness of such content. Since LiveStay has no control over the Vacation Rental Products and does not verify the content uploaded by the Vacation Rental Providers, it is not possible for us to guarantee the prices displayed on Our Website. Prices change constantly and additional charges (e.g. payment fees, services charges, local taxes and fees) may apply, so you should always check whether the price asked for a booking is the one you expected. Some Vacation Rental Products may also be sold in another currency than the one preset or chosen by you for the display of the search results.
If you purchase reservation options through Our Website for Vacation Rental Products, that booking is made with the Vacation Rental Provider named on the booking page and Our Website only acts as a user interface. Accordingly LiveStay has no responsibility for the booking or the Vacation Rental Product because LiveStay has no involvement in creating the description of the Vacation Rental Product, in defining the price and any fees, and in providing the Vacation Rental Products that you book. If you have any issues or disputes around your booking and/or the Vacation Rental Product, you agree to address and resolve these with the Vacation Rental Provider and not with us.
We, along with our corporate affiliates, the Vacation Rental Providers and other licensors own all of the text, images, software, trademarks, service marks or other material contained on Our Website. You will not copy or transmit any of the material except for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on Our Website must appear on all copies you print. Other non-LiveStay product, service, or company designations on Our Website belong to those respective third parties and may be mentioned in Our Website for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to Our Website does not grant you any license or right to use any of the marks included on Our Website.
You may only use and register to become a user of Our Website or use Trips, if you are of sufficient legal age and can enter into binding contracts. If you become a registered user or make a booking resulting in the creation of a Trips account, you are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of Our Website by you, anyone using your password and login information (with or without your permission) and anyone whom you allow to access your travel itineraries. All information that you provide to us must be accurate and up-to-date. If any of your information changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your information or computer or mobile device used to access Our Website), you must promptly change your Personal information that is affected.
If you decide to receive messages or other communications from Our Website directly to your mobile device, you are solely responsible for keeping us updated with your current phone number, respectively updating to the latest version of the mobile app, and for any charges incurred to receive such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number or using an outdated mobile app. If you install any software or enable any service that stores information from Our Website on any mobile device or computer, it is your responsibility, prior to transfer or disposal of such device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorized access to your information or account.
You may only use Our Website to search for legitimate travel deals and you may not use Our Website to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand. By using Our Website you agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data.
In addition, you agree not to do any of the following without prior express written permission of LiveStay:
We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of Our Website. Further, you can always delete your account here.
If you use Trips, you are solely responsible for the travel information and other content that you upload, transmit or share with us or others on or through Trips (collectively the "Trips Information") and you represent and warrant that you are not transmitting or sharing Trips Information you do not have permission to share. It is your job to create backup copies and replace any Trips Information you provide to us at your expense.
When you provide us with Trips Information, or make a booking through LiveStay you authorize us to make copies as we deem necessary in order to facilitate the storage and assimilation of the Trips Information. By providing us Trips Information you represent and warrant that you have the right to give us, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, reformat, translate, syndicate, and distribute that Trips Information we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, that Trips Information. You may remove your Trips Information from Trips at any time, but the license that you have granted will remain in effect. You understand that we do not control, and we are not responsible to review Trips Information. However, we reserve the right to review, edit, or delete any Trips information or your account at any time.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on Our Website or otherwise through Trips any materials that violate another person's intellectual property rights.
Our Website, all content and services provided on Our Website and all itineraries you obtain through Trips are provided on an "as is" and "as available" basis. Our content is largely generated in an automated fashion; errors can and do happen. We usually have many search results, but we are not comprehensive and do not display all available providers and offers. Accordingly, we do not always display the lowest available price. LiveStay expressly disclaims to the fullest extent permissible all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance
We (together with our officers, directors, employees, representatives, shareholders, affiliates, and providers) to the extent permitted by law hereby expressly exclude any responsibility and liability for (a) any loss or damages to, or viruses that may infect, your computer equipment or other property as the result of your access to Our Website, your downloading of any content from Our Website or your use of Trips or (b) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of Our Website, Trips or our content; (ii) any failure or delay (including without limitation the use of or inability to use any component of this Website for reservations or booking); or (iii) the performance or non performance by us or any Vacation Rental Provider, even if we have been advised of the possibility of damages to such parties or any other party. Some states or countries do not allow this limitation of liability, so the limitations above may not apply or apply only partially to you.
Subject to these Terms, you will defend, indemnify and hold us and each of our officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to Our Website, Trips or the Intellectual Property.
Our Website may contain links to other websites that we do not operate or control and for which we are not responsible ("Other Websites"). We provide these links for your reference and convenience and do not endorse the contents of Other Websites and accept no responsibility for them or for any loss or damages that may arise from your use of them. You should refer to the separate terms of use, privacy policies, and other rules posted on Other Websites before you use them. You agree not to create a link from any website, including any website controlled by you, to Our Website.
We may change the site and these Terms at any time, in our sole discretion and without notice to You. You are responsible for remaining knowledgeable about these Terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users, including those enrolled before the date the changes take effect. Further, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) and/or, if you are a registered user, by cancelling your account and your access to your account.
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced.
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