Terms & Conditions

By accessing or using this site, you agree to be bound by this agreement. Your use of this site constitutes your agreement without modification to all of the terms and conditions set forth herein.

These terms and conditions can be updated by us from time to time without notice to you, by posting the amended terms on the site. These changes take effect on either the posting of information about a property or by accessing this site after any such changes to the terms and conditions have been posted thereon, at which time you will be deemed to have consented to all such changes.

The terms and conditions cannot be amended by you. Do not use or access our services if you do not agree to be bound by these terms and conditions.

Personal Use

You agree not to use the site for any reason other than to view listings or to make legitimate enquiries to the Property Owner (“the Lister”) with your interest in particular vacation rental properties.

All proprietary materials on this site are owned and copyrighted by Traveling2florida.com and permission is hereby given to access, download or print for personal non-commercial use only.

Description of Service

Traveling2florida.com currently provides users with a medium through which to publicize and view information on rental properties. You are responsible for obtaining access to the site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the site.

The listings herein have been provided by and uploaded by the Listers. Traveling2florida.com is not and cannot be a party to any agreement entered into between users. Instead, the site acts as a venue to allow Listers to show their properties and facilities and for users to view the listings. Users can contact Listers through the site and they must determine between themselves whether or not they wish to enter into any contract for the rental of a specific vacation property. Traveling2florida.com is not involved in the actual transaction between users and Listers. As a result, Traveling2florida.com has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the legal and practical ability of the Listers to rent out a listed property or the legal or practical ability of a potential renter to enter into an agreement and to pay. Traveling2florida.com cannot ensure that a Lister or a renter will actually complete a transaction.

Notice to Renters

By utilizing this Site to locate vacation rentals (a) you agree to (i) conduct your own investigation regarding each property offered as a vacation rental, (b) you acknowledge that (i) vacation rental owners, not Traveling2florida.com, are responsible for the accuracy of the information in the advertisements and (ii) it is your responsibility to rent a listing on terms and conditions acceptable to you.
Traveling2florida.com makes no representation or warranties nor assumes any responsibility for the accuracy of advertisements on this web site, nor the condition of property, nor the character of the owner. It is the responsibility of the potential renter to evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.. Obtain terms and conditions in writing. Rates are subject to change without notice. KNOW YOUR OWNER.

Notice to Owners

Traveling2florida.com is not responsible for renters of property. It is the responsibility of the Lister to validate the qualifications of the potential renters and to specify terms and conditions in writing.

Contents

Traveling2florida.com does not verify the contents of the listing from a view of accuracy. We make every attempt to delete listings that do not conform with good taste/ethics/and other governing factors. We will not be held responsible should a listing fail our review, and encourage you the visitor to bring this to our attention.

Traveling2florida.com makes no claim to the expressed and/or implied warranties contained within the listings contained on this site. Each and every listing that is hosted on this site has been leased to a Lister for a specific period of time. Any infringement of copyright, trademarks, patents, is the responsibility of the specific Lister.

Traveling2florida.com does not make any representations as to the quality, location, availability, suitability, pricing of any specific property, and are not a party to any transaction between the Lister and the renter.

Unauthorized Use

Unless otherwise provided within these terms and conditions, or unless specific applicable law requires traveling2florida.com to allow you to do so, you may not do any of the following without the prior written consent of traveling2florida.com

Copy, reproduce, decompile, adapt, modify, translate, upload, post, display, republish, distribute, or transmit any part of the site or its content in any form whatsoever

Gain unauthorized access to other accounts on the site, other computer systems or networks
Store, collect or disclose any names, addresses, telephone numbers, email addresses, listings, reports, fees, pricing or any other information except as strictly necessary to use the site
Impersonate any person or entity, including, but not limited to a Traveling2florida.com official, or falsely state or otherwise misrepresent your affiliation with a person or entity
Reproduce our content on your web site using any device including, but not limited to, use of a frame or border environment around the web site, or other framing technique to enclose any portion or aspect of the web site, or mirror or replicate any portion of the site, nor cause this site to be displayed as a part of or within another Internet site or web page or resell or redistribute any portion of this site or its content or provide access to the foregoing to any third party for financial gain.
Create derivative works from any content of or any part of this web site
Reverse engineer any part of this web site
Sell, offer for sale, transfer, or license any portion of the web site in any form to any third parties
Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the content of the site
Use the web site other than to make legitimate inquiries to Traveling2florida.com advertisers
Use the web site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand
Post, email, transmit or upload any unlawful, threatening, abusive, harmful, harassing, libelous, defamatory, obscene, indecent, inflammatory, tortuous, hateful, racially, ethnically or otherwise objectionable, obscene, 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 the terms and conditions
Harm minors in any way
Use or access the web site in any way that, in our reasonable judgment, adversely affects the performance or function of the site, or any other computer systems or networks used by Traveling2florida.com, or infringes on our copyright or the copyright of our advertisers
Upload or transmit to the web site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of any Web site, or any program or component designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, or appropriate the Web site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party
Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships or which infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that impose an unreasonable load on our equipment
Restrict or inhibit others from using and enjoying this site
Transmit or upload unauthorized advertising, promotional materials, junk mail, “spam,” chain letters or any other form of unauthorized solicitation, or any materials or listings that contain false, inaccurate or misleading information
Transmit or upload any material that violates or infringes the rights of third parties including, without limitation, copyright, patent, trademark, rights of privacy or publicity or any other proprietary right
Disguise the origin of the information transmitted through the web site.

You, and not Traveling2florida.com, shall be responsible for ensuring that your use of the site does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including, but not limited to, the U.S. Fair Housing Act or any U.S. law regarding the transmission of technical data. You agree to obey the requirements, procedures and policies of computer systems connected to this site. Traveling2florida.com shall have the right, but not the obligation, to monitor or review your conduct on this Site.

You acknowledge that Traveling2florida.com does not pre-screen the listings, but that Traveling2florida.com shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the site. Without limiting the foregoing, Traveling2florida.com and its designees shall have the right to remove any content that Traveling2florida.com believes violates these terms and conditions or is otherwise objectionable.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Indemnity

You agree to indemnify and hold Traveling2florida.com and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your use of the site or breach of these terms and conditions or the documents it incorporates by reference, or your violation of any law or the rights of a third party. This indemnity applies notwithstanding that Traveling2florida.com may have amended the Listing in accordance with these terms and conditions. Traveling2florida.com shall have the right at its own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Traveling2florida.com.

If there are laws in your state or nation that would attempt to establish that Traveling2florida.com is a party to any claim, demand or damages, you specifically agree to waive your rights under such laws or statutes.

Limit of Liability

In no event shall Traveling2florida.com, our officers, directors, employees or our suppliers be liable for lost profits or any special, incidental, consequential or punitive damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence) to the extent that such exclusions and limitations are not prevented by applicable law.

Our liability, and the liability of our subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Failure of Service

Traveling2florida.com, its personnel and suppliers shall not be liable for any indirect, incidental or consequential damages or any other damages resulting in the loss of use, business, information or listing brought about as a result of communication, server and or power failures, brought about by the act of god or forces out of control of Traveling2florida.com. Traveling2florida.com shall within their technical scope endeavor to correct any problems and will use all its efforts to bring back on-line if the site is down. Since Traveling2florida.com are subject to the forces of nature and their providers/suppliers that they have no control over, delays in coming back on-line may be unavoidable. Acceptance of this is automatic on the earlier of your accessing the site or having had property listed on the site.

Traveling2florida.com, our officers, directors, employees and our suppliers provide our web site and services "as is" and without any warranty or condition, express, implied or statutory. Traveling2florida.com, our officers, directors, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This inability to disclaim implied warranties gives you specific legal rights and you may also have other legal rights that vary from state to state.

Additional Listers terms

1. Layout and copy

1.1 Traveling2florida.com reserves the right to determine the final design, layout and functionality of our website which is subject to change from time to time without notice.

1.2 Traveling2florida.com reserves the right to edit copy or amend the layouts or photographs supplied, in order to create a more uniform and pleasant advertising environment for our visitors.

1.3 Traveling2florida.com reserves the right, at its discretion, to amend and edit copy entered into the Traveling2florida.com online database by Listers. All copy edits submitted by Listers are subject to review and approval of Traveling2florida.com at its sole discretion.

2 Accuracy

2.1 By registering on this site as a Lister, you agree to provide accurate and current information as prompted by the registration process and maintain and promptly update your online profile information to keep it accurate and current.

2.2 All Listings on Traveling2florida.com, as submitted by the Lister and amended from time to time by Traveling2florida.com staff, remain the responsibility of the Lister, and Traveling2florida.com specifically disclaims any and all liability arising from the alleged accuracy of the listings, or any alleged breaches of contract on an advertiser's part.

2.3 Notwithstanding its right to edit and amend copy and photographs, Traveling2florida.com accepts and holds no liability for any loss or damage resulting from the design or positioning of the properties or changes made to the photographs and copy submitted by the Lister or edited by Traveling2florida.com staff.

2.4 You represent and warrant that each Listing and related information (including, without limitation, descriptions, features, pictures, availability and rental pricing) furnished by you to traveling2florida.com is correct and current.

3 Photographs

3.1 All printed (paper based) photographs submitted to Traveling2florida.com by the owner will be discarded after we have scanned them into our electronic database. (Sorry, but we can neither return them nor keep copies of paper photographs on file.)

3.2 Every effort will be made to reproduce faithfully all photographs submitted, but Traveling2florida.com cannot be held responsible for any loss or damage or otherwise resulting from errors or omission.

3.3 By submitting a photograph either electronically through our website or by mailing a paper based photograph to our offices, the Lister is representing and warranting that (a) he holds all intellectual property rights with respect to each submitted photograph, or (b) he has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, and (c) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement, and (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph and (d) that he will indemnify and hold harmless Traveling2florida.com and its affiliates from any cause of action arising from any misrepresentation with respect to any and all the photographs so submitted.

4 Copyright

4.1 By accepting these Terms and Conditions and by paying and posting a listing on Traveling2florida.com, the Lister grants to Traveling2florida.com and its affiliates a fully paid up license to use the copy, the photographs, the likenesses (if any) on its website or the websites of its affiliates and grants Traveling2florida.com the ability to copyright and protect the images, copy, and information available via the Lister’s listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. Traveling2florida.com is not responsible for any infringement of copyright laws resulting from material supplied by the Lister.

4.2 The Lister warrants that he is the owner of the copyright in such material or is authorized by the owner thereof to grant to Traveling2florida.com the rights therein contained and indemnifies Traveling2florida.com against any action brought for breach of copyright or other rights from the use of such material supplied by the Lister.

4.3 Traveling2florida.com shall be entitled to reproduce part or whole of any photographic material supplied by the advertiser in the promotion of either the Lister’s property or the promotion of Traveling2florida.com.

4.4 Traveling2florida.com claims copyright to the electronic images of the photographic material supplied by advertisers, and the Lister will assist Traveling2florida.com—at Traveling2florida.com expense and controlled by Traveling2florida.com—to protect its copyrighted material from unauthorized redistribution.

5 Hypertext links

5.1 Traveling2florida.com reserves the right to refuse hypertext links to, or addresses of, other web sites from advertisers' pages, and to remove links or web addresses without notice at our sole discretion.

5.2 Traveling2florida.com reserves the right to charge for hypertext links at any time.

6 Substitution of properties

An advertisement relates to a specific property. The property in an advertisement may not be substituted by another property. If an Owner submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then Traveling2florida.com will have the right to terminate the listing and may choose, in its sole discretion, to retain any unearned fees associated with the term of the previously existing listing as compensation for violating this condition.

7 Advertising more than one property on one advertisement

You represent and warrant that each Listing on the Traveling2florida.com site displays an individual and uniquely identified property available for short term rent. The listing specifically cannot be a mere example of properties available. Only one property/rental unit can appear on each Listing. Traveling2florida.com reserves the right to amend the copy or remove the Listing when more than one property is described in the Listing.

8 Termination of advertising

8.1 All listings are sold to run for 12 months. Listings removed at your request prior to the completion of their full run area not subject to a refund.

8.2 Traveling2florida.com reserves the right to refuse any listing submitted to Traveling2florida.com either through its online submission process or sent to our offices for us to load onto the website. We can refuse to publish for no reason, and you specifically agree to hold us harmless for any loss or liability that may arise from such a decision.

8.3 If you submit unsuitable material into the Traveling2florida.com on-line database, or persistently misuse the on-line systems, Traveling2florida.com reserves the right to remove the property from the Traveling2florida.com site. No refunds will be paid.

8.4 If Traveling2florida.com receives a complaint from a person who has rented an lister’s property which Traveling2florida.com, acting reasonably, considers to be justified, or if you double-book a property for multiple renters on the same date, or if you engage in any business practice that would be considered within the vacation rental industry to be unfair (so far as Traveling2florida.com is aware), or if you are in breach of your obligations to Traveling2florida.com, then Traveling2florida.com reserves the right to remove the property from the Traveling2florida.com web site without notice or compensation.

9 Payment and Refunds

9.1 You agree to pay the fees associated with the Listing as indicated in our current fee schedule, together with any applicable taxes. Traveling2florida.com reserves the right to modify the fee schedule at any time, without prior to notice to you, and to charge you for services based upon the new fee schedule from the time the new fee schedule is adopted and posted on the website. Traveling2florida.com reserves the right to terminate your access to the service in whole or in part or remove some or all of the Listings if you fail to pay the appropriate fees.

9.2 We may choose to temporarily change the fees for our services for promotional events (for example, free listing periods) and such changes are effective when we post the temporary promotional event on the site

9.3 Unless otherwise shown, all fees are quoted in U.S. Dollars. Payment for listings must be made in U.S. Dollars paid either by major credit and debit cards, or a check drawn on a U.S. bank.

9.4 Except as may be required by law, we do not offer refunds. This is because the majority of costs are borne at the outset.

10 Terminations

10.1 You may terminate your account at any time by providing notice of your intent to terminate service by sending an email to admin@traveling2florida.com. No refund for unused service will be given.

11 Restrictions on Content

11.1 You represent and warrant in uploading property information and property photos, that the Listing will not contain addresses of other web sites, HTML, code or other markup languages. You agree not to place email addresses within your listings other than in the designated area to help prevent SPAM and discourage email harvesting robots from crawling Traveling2florida.com. Email addresses included outside the designated area will be removed without notice.

Right to make changes to the site

Traveling2florida.com through its employees and suppliers may make improvements, changes in information format, type of service and variety of products provided, including temporarily or permanently terminating this site, at any time without notice. You agree that Traveling2florida.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Traveling2florida.com reserves the right to change and modify this and any future agreements at any time and such modifications will be effective immediately on posting. You undertake to inspect and review these postings periodically. By continuing to maintain a listing you will have then agreed to accept any modifications to any agreement or changes, improvements and updating to both listing and the Traveling2florida.com site.

No Agency

You and Traveling2florida.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.

Links to Third-Party Sites

This site may contain links to web sites operated by parties other than Traveling2florida.com. Such links are provided for your convenience and reference only. Where the linked sites are not under the control of Traveling2florida.com, Traveling2florida.com is not responsible for the contents of those linked sites or any sites linked to a linked site. The inclusion of a link does not imply any association with their operators or any endorsement of the linked site by Traveling2florida.com.

Authorization

As a Lister, (a) you represent and warrant that you are authorized to act on behalf of, and bind to this Agreement, any third party for which you have uploaded a listing and (b) you represent and warrant that you have the legal capacity and authority to enter into this Agreement.

Third Party Rights

These terms and conditions are not intended and shall not be construed to create any rights or remedies in any parties other than the parties hereto and no person shall assert any rights as a third party beneficiary hereunder.

No Business Relationship Created By Your Use

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Traveling2florida.com as a result of your use of this site.

Severability

If any provision of these terms and conditions shall be held illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable and the legality, validity and enforceability of all other provisions of these terms and conditions shall not be affected thereby.

Waiver

The failure of Traveling2florida.com to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right.

Entire Agreement

The terms and conditions set out in this document represent the entire agreement between the parties, superseding all prior agreements between you and Traveling2florida.com. No other advice or information, however provided or obtained, shall form any part of the agreement between the parties.

Data Protection

When you use Traveling2florida.com to send an inquiry to an advertiser, you agree to allow Traveling2florida.com or its affiliated websites to add your email address to our database of customers. You may receive promotional email from either Traveling2florida.com or its affiliated websites. You are welcome to opt not to receive emails from Traveling2florida.com or its affiliated websites at any time.

You agree that, with respect to other users' personal information that you obtain through the Site or through an Traveling2florida.com -related communication or Traveling2florida.com -facilitated transaction, Traveling2florida.com has granted to you a license to use such information only for: (a) Traveling2florida.com -related communications that are not unsolicited commercial messages, (b) using services offered through Traveling2florida.com (e.g. escrow, insurance, shipping and fraud complaints), and (c) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this paragraph, can you disclose personal information about another user to any third party without our consent and the consent of that user. You agree that other users may use your personal information to communicate with you in accordance with this paragraph.

Governing Law

These terms and conditions shall in all respects be governed by, subject to, enforced and construed in accordance with the laws of the State of Florida including all matters of construction, validity, performance and enforcement. The parties agree that the exclusive jurisdiction and venue of any action between the parties arising out of, or in any way connected with the provisions of these terms and conditions, the subject matter hereof, the parties mutual rights and obligations arising heretofore or hereafter or the performance of any of the terms and conditions hereof by either of the parties hereto shall be in a U.S. Federal or Florida State court with jurisdiction in the County of Sarasota, State of Florida, in the United States of America, and each of the parties hereby submits itself to the exclusive jurisdiction and venue of such courts for purposes of any such action or proceeding.