Terms and Conditions

TERMS OF ACCESS AND USE AND ITS CONDITIONS

By using or accessing DreamAwayRentals.com, DreamAwayVacationRentals.com, DreamAwayVR.com, (each owned and operated by DreamAwayRentals LLC and referred to herein as the "Company"), you acknowledge that you agree to and are subject to the following terms and conditions (the "Terms") as well as our Privacy Policy. If you do not fully agree to these Terms, you are not authorized to access or otherwise use the site. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and DreamAwayRentals.com, ("DreamAwayRentals LLC.", "we", "us" or "our"). If you use any other site operated by a subsidiary of DreamAwayRentals LLC., you also agree to be bound by the separate Terms and Conditions of that site, which may have additional or other terms. You are not authorized to use this site unless you are able to enter into legally binding contracts. Further, in some cases, we and a user may enter into a separate written agreement or contract providing additional terms and conditions of such user's use of this site and incorporating these Terms by reference.

MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes which can be found at existing site. ACCEPTANCE

This site allows homeowners and property managers to advertise their vacation home for rent to potential renters/travelers. We, the "Company" only provide the tools that may be necessary to complete their reservations.

We, the "Company" are not involved with any agreement and/or transaction between homeowners or property managers and their renters. All agreements are strictly between homeowners/property managers and renters are strictly between themselves. Therefore, any part of an actual or potential transaction between a homeowners/ property managers and renters/travelers including the quality, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property or guest book review), the ability of members to rent a vacation property or the ability of travelers to pay for vacation rental properties are solely the responsibility of each user.

We, the "Company" urge all users to be responsible about their use of this site and any transaction entered into as a result of either listing a property or renting a property.

We, the "Company" are also not responsible for the condition of the vacation rental properties listed on our site or the compliance with laws, rules or regulations that may be applicable to any vacation rental property in any jurisdiction.

Finally, while we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. In the event we do provide warnings or messages to users about any such activity, we do not warrant that such messages or accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm, result or action.

LIMITATION OF LIABILITY

IN NO EVENT WILL DREAMAWAYRENTALS LLC ALSO KNOWN AS THE "COMPANY", ITS SUBSIDIARIES, SUPPLIERS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, PROPERTY OWNERS, MANAGERS AND AGENTS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS OR OTHER THIRD PARTIES MENTIONED AT, IN OR ASSOCIATED WITH THIS SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SERVICES, MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. 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.

Refund Requests and Termination or Transfer of Listings

Refund Requests: All listings are sold to run the full term that is chosen by the member. Generally, no refunds are available unless a member qualifies for a refund under any guarantee program we may have in effect. If you believe you qualify for a refund under a guarantee we are offering, you may contact customer support by sending your request to support@DreamAwayRentals.com. Please include your listing number and your reason for termination. We will then determine, in accordance with the applicable guarantee program, whether any refund is due.

If you renew your subscription, or if your subscription automatically renews under its terms of your subscription, your listing will remain online for the entire subscription period without refund. If you sell your property and no longer wish for the listing to remain online, please contact us and we can remove the listing; however, no refund will be owed.

Our Right to Terminate a Listing: If, in our sole discretion, any member submits unsuitable material to our Site or into our database, misuses the Site or our online system or is in material breach of these Terms, we reserve the right to terminate such member's subscription(s) immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a member's listing or rental practices that, in our sole discretion, warrants the immediate removal of such member's listing from the Site (for example, and without limitation, if a member double-books a property for multiple travelers on the same date, or engages in any practice that, in our sole discretion, would be considered unfair or improper within the vacation rental industry, or if we receive a complaint that any listing's content infringes on the rights of a third party), then we may immediately terminate such member's subscription(s) without notice to the member and without refund. We assume no duty to investigate complaints. Finally, if any member is abusive or offensive to any employee or representative of DreamAwayRentals, we reserve the right to terminate such member's subscription(s) immediately without refund. Finally, if any member is in breach of these Terms or its obligations to us then we may terminate such member's subscription(s) immediately without notice to the member and without refund.

Transfer of Listing: No listing may be transferred to another party, except that if a member sells the property that is listed, the member may transfer its listing to the new owner of the property that is listed. We may, at our discretion, charge a reasonable transfer fee.

PAYMENT FOR VACATION RENTALS

The renter/traveler is fully responsible for paying to the property owner (or its authorized designee) all rent, fees and other amounts owed by the renter/traveler in connection with the rental of any property listed on this site. If your selected payment method is via credit card, you agree that upon accepting these Terms of Use, the credit card related to the credit card information submitted by you for payment will be charged for the full cost of the payment. Again, all transactions and agreements are strictly between the homeowners/property managers and renters/travelers.

USE RESTRICTIONS

Copyright. All site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of DreamAwayRentals LLC 2011 - Present, ALL RIGHTS RESERVED, or by the original creator of the material. Permission is granted to display, copy, distribute, and download the materials on this site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, modify or transmit or make any derivative works of any material on this site for commercial use without prior written approval of the "Company". You may not "mirror" any material contained on this site on any other server without prior written permission from the "Company". Any unauthorized use of any material contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

Hyperlinks. You are granted a limited, nonexclusive right to create a "hypertext" link to this site provided that such link is to the entry page of this site and does not portray the "Company" or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any of the "Company" trademark, logo or trade name or other proprietary information including the images found at the site, the content of any text or the layout/design of any page or any form contained on a page without the "Company's" express written consent. Links to third party sites on this site are provided solely as convenience to you. If you use these links, you will leave this site. The "Company" has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. The "Company" does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. You acknowledge and agree that The "Company" shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites.

Downloadable Materials. Any software, including codes or other materials that are made available to download from this site, is the copyrighted work of the "Company" and/or its suppliers and affiliates. If you download software from this site, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable software license agreement in the case of software, or the express written consent of the "Company" in the case of codes or other downloadable materials.

Limited Access. Except as otherwise expressly permitted by the "Company", any access or attempt to access other areas of the "Company" computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to "screen scrape," monitor, "mine," or copy the web pages on the site or the content contained therein without the "Company'' prior, express, and written permission. You will not spam or send unsolicited e-mail to any other user of the site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the "Company's" infrastructure.

Additional Use Restrictions. You shall not post, transmit, e-mail, re-transmit or store material on or through any of the services provided by the "Company" (the "Services") or use the Services in a manner which, in the sole judgment of the"Company:" (i) violates or promotes the violation of any local, state, federal or non-United States law or regulation, including criminal activities (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity or (iii) violates or infringes the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by you. You shall be responsible for determining what laws or regulations are applicable to your use of the Services. In addition, you may only use the Services in a manner that, in the Company's sole judgment, is consistent with the purposes of such Services. If you are unsure of whether any contemplated use or action is permitted, please contact the "Company" at legal@DreamAwayVacationRentals.com. By way of example, and not limitation, the following uses described below of the Services are expressly prohibited:

1.upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials collectively, "Content ") that (i) is unlawful, harmful, threatening, abusive, harassing, "stalking", tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (Pornography and pornographic related merchandising are prohibited under all Services, including providing links to pornographic content elsewhere); (ii) you do not have a right to transmit; (iii) is unsolicited or unauthorized advertising or promotional materials, or any other form of solicitation, except as specifically contemplated by the Services; or (v) contains software viruses or other code or mechanisms designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 2.harm minors in any way; 3.impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; 4.forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page); 5.interfere with or disrupt the Services (or related servers or networks), or disobey any requirements, procedures, policies or regulations of networks connected to the Services; 6.provide instructional information about illegal or criminal activities and; 7.effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access.

Identity 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 site.

You agree to (i) keep your password and online ID secure and strictly confidential, providing it only to authorized users of your account, (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 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. 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, even those transactions that are fraudulent or that you did not intend or want performed.

EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER DREAMAWAY RENTALS LLC 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 COULD CAUSE YOU TO INCUR LIABILITY TO BOTH DREAMAWAY RENTALS LLC 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 password is being used in an unauthorized or fraudulent manner.

Release; Indemnification. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE EACH MEMBER OF THE DREAMAWAY RENTALS LLC GROUP, 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 SUCH DISPUTE AND/OR YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HI S SETTLEMENT WITH THE DEBTOR." YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH MEMBER OF THE DREAMAWAY RENTALS LLC GROUP (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE,TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. 15. Choice of Law and Forum; Time Limit. ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMED, PERFORMABLE AND/OR SOLD IN THE STATE OF MASSACHUSETTS, UNITED STATES OF AMERICA, AND YOU IRREVOCABLY AGREE THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THESE TERMS WILL BE FILED IN SUFFOLK COUNTY, MASSACHUSETTS WHICH YOU ACKNOWLEDGE AND AGREE WILL BE THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL DISPUTE BETWEEN YOU AND US. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF MASSACHUSETTS, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES. ANY CAUSE OF ACTION YOU MAY HAVE HEREUNDER OR WITH RESPECT TO YOUR USE OF THIS SITE MUST BE COMMENCED BY FILING SUIT IN SUFFOLK COUNTY, MASSACHUSETTS, WITHIN ONE (1) YEAR AFTER THE INCIDENT UPON WHICH THE CLAIM OR CAUSE OF ACTION IS BASED FIRST OCCURRED. DISCLAIMER WARRANTY

THIS SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE, OF THE AVAILABILITY, CONDITION OR ACCURACY OF THE DESCRIPTION OF OR ANY INFORMATION RELATED TO ANY LISTED PROPERTY OR ANY OTHER SITES LINKED TO THIS SITE. THE MATERIALS OF THIS SITE MAY BE OUT OF DATE, AND COMPANY MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THIS SITE. THE LISTED PROPERTY MAY NOT CONFORM TO ITS DESCRIPTIONS. COMPANY DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. COMPANY DOES NOT WARRANT THAT THIS SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE CORRECTED.

REVISIONS TO THIS AGREEMENT

Company may revise this Agreement at any time without notice by updating this posting. By using this site you agree to be bound by any such revisions and should therefore periodically visit this site and page to determine the then current terms and conditions of use to which you are bound.

TRANSMISSIONS

Any material, information or idea you transmit to or post on this site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Company or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Company will treat personally identifiable information that you submit through the site in accordance with its Privacy Policy.

APPLICABLE LAWS & MISCELLANEOUS

If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Company's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by Company. This Agreement may not be assigned in any manner by you without the express, prior written permission of Company. No third party is a third-party beneficiary to this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts notwithstanding any conflict of laws provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal in the County of Suffolk, Boston, Massachusetts.

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