| Advertiser Terms & Conditions |
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1. INTRODUCTION: Vamoose, Inc. ("Vamoose") provides you access to the Vamoose Vacation Rental Search (defined below), as available through the Vamoose Distribution Network (as defined below), subject to your compliance with these terms and conditions. Please read these terms and conditions carefully. By enrolling as an "Advertiser," you agree to be bound by these terms and conditions, the terms of any Programs (as defined in Section 6 below) in which you enroll, and the terms and conditions of any Insertion Order that you complete (either online as part of the Online Sign-Up form, or offline, when enrolling as an Advertiser, each an "Insertion Order"), including all payment terms (collectively, "Agreement"). In this Agreement, "you" and "your" refers to the Advertiser. You agree that any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of Vamoose Vacation Rental Search, shall be bound by, and shall abide by, these Terms and Conditions. You further agree that you are bound by this Agreement whether you are acting on your own behalf or on behalf of a third party, including another advertiser. 2. USE: For purposes of this Agreement, the "Vamoose Vacation Rental Search" is the forum where you manage sponsored properties for display in the "Vamoose Search Results", subject to Vamoose's then current policies and procedures. The Vamoose Search Results are made available in connection with the Vamoose Distribution Network, where the "Vamoose Distribution Network" is defined as the Vamoose Web Sites (as defined below and which includes Vamoose's branded Web Site at http://www.Vamoose.com) and various third parties who may be authorized by Vamoose to make the Vamoose Search Results available as a link from, an add-on service to, or otherwise in connection with Web sites and/or applications and/or e-mails (such Web sites, applications, or e-mails are a "Third Party Product") that they control. You agree that your sponsored properties, may be included in the Vamoose Search Results and may be made available in connection with the Vamoose Distribution Network including Third Party Products. Vamoose does not guarantee that your sponsored properties will be placed in, or available through, the Vamoose Vacation Rental Search, the Vamoose Search Results or on any part of the Vamoose Distribution Network, and you understand that Vamoose reserves the right to not place your sponsored properties, and/or discontinue to place your sponsored properties at any time. A listing, for purposes of this Agreement, may include, at Vamoose's discretion, text and/or graphics, and is subject to Vamoose's approval and the terms of this Agreement. A listing that appears as part of the Vamoose Distribution Network may (or may not) include a listing title or listing description. In all cases, information must be submitted in the form requested by Vamoose. Vamoose reserves the right to edit, refuse, reject or remove any listing at its discretion at any time. 3. PAYMENT: You agree to pay Vamoose for all charges to your account in United States dollars, in accordance with this Agreement and the terms of the Programs (as defined in Section 6 below) and/or Payment Plans (as defined in Section 7 below) you select (as such Programs and/or Payment Plans may be updated by Vamoose from time to time), including, if any, all applicable taxes, in accordance with billing terms in effect at the time the charges become payable. You agree that any service fees charged to your account are non-refundable. You agree that, in addition to any service fees, your account will be charged for all clicks on your sponsored properties, (no matter whether a click occurred on an Vamoose Web Site or a Third Party Product within the Vamoose Distribution Network), and that such charges will be based on the number of clicks on all your sponsored properties, multiplied by the cost of each of your sponsored properties, which shall be computed according to Vamoose's Vacation Rental Search rules ("Click Charges"). If you have chosen a Payment Plan providing for a fixed maximum payment per month, you understand and agree that if your Click Charges equal or exceed your monthly maximum payment, then your sponsored properties will be removed from the Vamoose Vacation Rental Search Sponsored Results for the remainder of that month and you will incur a debit balance for the value of any unpaid charges incurred under your account. Charges will be posted to your account and must be paid pursuant to the terms of the Payment Plan you select before any of your sponsored properties will be made available in the Vamoose Vacation Rental Search Results. Further, you agree that you will be charged all amounts owed under the terms of any Programs in which you enroll. You authorize Vamoose to charge your credit card, charge card, debit card, Paypal account or financial institution account (hereinafter your “Payment Method”) for all charges to your account. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution providing your Payment Method. If Vamoose does not receive payment from the provider of your Payment Method, you agree to pay all amounts due on your account upon demand, and Vamoose further reserves the right to either suspend or terminate your account with Vamoose in such circumstances. Suspension or termination includes but is not limited to, removal of your sponsored properties from the Vamoose Vacation Rental Search Results and the Vamoose Distribution Network. You must submit any claims or disputes you may have with respect to any charge to your account in writing to Vamoose within 60 days of such charge otherwise such claim or dispute will be waived and such charge will be final and not subject to challenge. In the event of any failure by you to make payment, you will be responsible for all reasonable expenses (including attorneys' fees) incurred by Vamoose in collecting such amounts. You represent, warrant and covenant that all information you provide for the purpose of enrolling as an Advertiser will be accurate, complete and current at all times. You agree to promptly update all information to keep your account and Payment Method current, complete and accurate (such as a change in billing address, credit card or debit card number, or expiration date), and to promptly notify Vamoose if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made at http://www.vamoose.com/. If you fail to provide Vamoose any of the foregoing information, you agree that Vamoose may continue charging your account for any use of the Vamoose Vacation Rental Search, Programs, and/or the Vamoose Web Sites unless you have terminated your participation in the Vamoose Vacation Rental Search and/or Programs as set forth herein or in the Program Terms (as defined in Section 6 below). 4. ACCESS: For purposes of this Agreement, all Web pages that Vamoose owns, operates or hosts are referred to herein as the "Vamoose Web Sites." You are authorized to access the Vamoose Web Sites solely to manage your advertising account(s) and conduct searches for your own personal use. You agree that you will not use the site or any content therein for any other purpose and that you will not disseminate or distribute any of this information. Your right to access your account with Vamoose is personal to you and non-assignable and is subject to any limits established by Vamoose. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access your account with Vamoose or to monitor or copy the Vamoose Web Sites or the content contained therein except those automated means expressly made available by Vamoose, if any, or authorized in advance and in writing by Vamoose (for example, Vamoose approved third party tools and services). The Vamoose Web Sites contain robot exclusion headers and you agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Vamoose Web Sites or the Vamoose Marketplace. Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure (as determined by Vamoose). 5. MINIMUM BID, MINIMUM COST, MINIMUM SPEND: Your sponsored properties in the Vamoose Marketplace are subject to Vamoose's then current minimum bid and minimum cost requirements. Additionally, all Vamoose accounts that you create shall be subject to Vamoose's then current minimum monthly spend requirements. 6. ADDITIONAL PROGRAMS: From time to time, Vamoose may offer you the opportunity to enroll in additional programs or to purchase additional products and/or services or to receive additional information from Vamoose (collectively and individually "Programs"). If you enroll in such Programs, you agree to be bound by the terms and conditions of such Programs (“Program Terms”), including the payment obligations of such programs. 7. PAYMENT PLANS: (a) From time to time, Vamoose may offer you the opportunity to enroll in a payment plan ("Payment Plan") to manage charges to your account. If you enroll in a Payment Plan, you agree to be bound by the terms of that Payment Plan. One Time and Monthly Subscription Payment Plans are offered on a periodic basis and are self-renewing unless or until your participation in such Payment Plan is terminated by you or by Vamoose. Under such Payment Plans, if the amount to be charged to your Payment Method varies from the amount that you preauthorized, Vamoose will provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Your non-termination or continued use of the Vamoose Vacation Rental Search, Programs, and/or the Vamoose Web Sites reaffirms that Vamoose is authorized to charge your Payment Method automatically. Vamoose may submit those charges for payment and you will be responsible for such charges. Vamoose reserves the right to modify, suspend or terminate any Payment Plan and/or your participation therein at any time. If Vamoose modifies the terms of a Payment Plan, the modified terms of the Payment Plan will be reflected in an updated version of this Agreement posted on the Vamoose Vacation Rental Search or any one of the Vamoose Web Sites or by e-mail notification to you. If you do not consent to such modified terms, you may elect to discontinue your enrollment in the Payment Plan at any time by providing written notice to Vamoose before the effective date of such modified terms. Your continued enrollment constitutes your acceptance of the terms of the Payment Plan as modified. 8. ADVERTISER'S RIGHTS AND RESPONSIBILITIES: (a) Advertiser Submissions: You may submit your material for your sponsored properties electronically or modify / add properties at http://www.vamoose.com/. You represent, warrant, and covenant that all information, in the listing itself or through the Web site to which the listing links, (i) does not violate any law or regulation; (ii) does not infringe in any manner any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (iii) does not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or has not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (iv) is not false or misleading; and/or (v) is neither defamatory, libelous, slanderous or threatening. (b) Accepting Vamoose Suggestions: From time to time, (or as part of a particular program) Vamoose may provide suggestions to you for title and/or descriptions or for any other element of a listing but the final decision to authorize any suggestion is yours. Ideas provided by Vamoose are only suggestions and you are under absolutely no obligation to use such suggestions. It is your responsibility to determine whether such suggestions comply with the requirements of Advertiser Submissions section above. By using a keyword, title, description, link and/or listing that may have been suggested by Vamoose, you represent, warrant, and covenant that such keyword, title, description, link and/or listing is in compliance with the Advertiser Submissions Section above and with this Agreement. (c) Communications: You agree that regardless of where your properties appear in the Vamoose Distribution Network, you will direct any communication regarding your properties, your account, the Vamoose Vacation Rental Search or the Vamoose Search Results directly to Vamoose and not to any other entity in the Vamoose Distribution Network. 9. YOUR SITE: You hereby acknowledge that Vamoose is not responsible for the maintenance of your Web site(s) nor is Vamoose responsible for order entry, payment processing, deposits, booking, cancellations, returns or customer service concerning bookings placed on Advertiser's Web site(s). You must update your properties if any information is not a current and accurate description of information available on your Web site, and represent, warrant, and covenant that the Web site to which any listing links will look the same to all end users regardless of the end users’ location. You further acknowledge that your site does not contain any Vamoose owned or licensed content, including but not limited to, any Vamoose property listings, except pursuant to a separate signed affiliate agreement with Vamoose. You hereby grant Vamoose the irrevocable right to access, index, cache, and display (in connection with your properties) the Web site(s) to which your properties link, or any portion thereof, including by any automated means including web spiders or crawlers. This grant specifically includes Vamoose's right to create and display copies of any and all text, graphics, images, audio, video, and all other material included or found on such Web sites or portions thereof, including the right to create and display thumbnail and full-scale copies of any images or video included on or found on such Web sites or portions thereof. 10. CONFIDENTIALITY: "Confidential Information" means any information disclosed to you by Vamoose, either directly or indirectly, in writing, orally or by inspection of tangible objects, other than information that you can establish (i) was publicly known and made generally available in the public domain prior to the time of disclosure to you by Vamoose; (ii) becomes publicly known and made generally available after disclosure to you by Vamoose other than through your action or inaction; or (iii) is in your possession, without confidentiality restrictions, at the time of disclosure by Vamoose as shown by your files and records immediately prior to the time of disclosure. You shall not at any time (a) disclose, sell, license, transfer or otherwise make available to any person or entity any Confidential Information, (b) use any Confidential Information, or (c) reproduce or otherwise copy any Confidential Information, except as necessary in connection with the purpose for which such Confidential Information is disclosed to you or as required by applicable law. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information. All Confidential Information shall at all times remain Vamoose's personal property and all documents, electronic media and other tangible items containing or relating to any Confidential Information shall be delivered to Vamoose immediately upon Vamoose's request. You may not issue any press release or other public statement regarding this Agreement, Vamoose and/or its affiliated companies or subsidiaries without Vamoose’s prior written consent. 11. REPRESENTATIONS AND WARRANTIES: You represent, warrant, and covenant that you have sufficient authority to enter into this Agreement, and that each of your properties meets the standards and requirements of the Advertiser Rights and Responsibilities section above. 12. INDEMNIFICATION: You hereby agree to indemnify and hold harmless Vamoose, its parent, affiliated companies, subsidiaries, information providers, licensors, licensees, consultants, contractors, agents, attorneys and employees from any and all liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, that may arise from your use of Vamoose Vacation Rental Search, Programs or other Vamoose Web sites and/or your Web site and/or your breach of the terms of this Agreement, including, without limitation, the breach of any representation or warranty. You agree to be solely responsible for defending any claim, subject to Vamoose's right to participate with counsel of its own choosing, and for payment of damages or losses resulting from the foregoing to both a third party and Vamoose, provided that you will not agree to any settlement that imposes any obligation or liability on Vamoose without Vamoose's prior written consent. Vamoose reserves the right to terminate or suspend the account of any advertiser that may violate any of the terms in this Agreement. 13. WARRANTY DISCLAIMER: YOU EXPRESSLY AGREE THAT YOUR USE OF THE VAMOOSE VACATION RENTAL SEARCH AND PROGRAMS IS AT YOUR OWN RISK. THE VAMOOSE VACATION RENTAL SEARCH, PROGRAMS, AS WELL AS THE VAMOOSE WEB SITES, ARE AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER VAMOOSE NOR ANY OF ITS PARENT, AFFILIATED COMPANIES, SUBSIDIARIES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS OR CONTRACTORS, OR ENTITIES WITHIN THE VAMOOSE DISTRIBUTION NETWORK MAKES ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE VAMOOSE VACATION RENTAL SEARCH, PROGRAMS, THE VAMOOSE WEB SITES, THE SUCCESS OF YOUR SPONSORED PROPERTIES AS MEASURED IN ANY WAY, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH VAMOOSE, PROGRAMS, THE VAMOOSE VACATION RENTAL SEARCH, THE VAMOOSE WEB SITES OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF. VAMOOSE HEREBY DISCLAIMS ON BEHALF OF ITSELF, PARENT, AFFILIATED COMPANIES, SUBSIDIARIES, AND ALL INFORMATION PROVIDERS, LICENSORS, LICENSEES, CONTRACTORS, CONSULTANTS, AGENTS, ENTITIES WITHIN THE VAMOOSE DISTRIBUTION NETWORK, ATTORNEYS AND/OR EMPLOYEES OF IT ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATION (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF THE VAMOOSE VACATION RENTAL SEARCH, PROGRAMS, OR THE VAMOOSE WEB SITES AND/ OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE VAMOOSE VACATION RENTAL SEARCH, PROGRAMS, OR THE VAMOOSE WEB SITES; AND (2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. 14. LIMITATION OF LIABILITY: ANY LIABILITY OF VAMOOSE, ITS PARENT, AFFILIATED COMPANIES, SUBSIDIARIES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, CONSULTANTS, ENTITIES WITHIN THE VAMOOSE DISTRIBUTION NETWORK, ATTORNEYS OR CONTRACTORS, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURE OF DELIVERY OF MERCHANDISE, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNLAWFUL USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT ALREADY PAID BY YOU TO VAMOOSE PURSUANT TO THIS AGREEMENT IN THE PRIOR SIX MONTH PERIOD. IN NO EVENT SHALL VAMOOSE, ITS PARENT, AFFILIATED COMPANIES, SUBSIDIARIES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, ENTITIES WITHIN THE VAMOOSE DISTRIBUTION NETWORK, AGENTS, CONSULTANTS, ATTORNEYS OR CONTRACTORS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THIS AGREEMENT, THE USE OR INABILITY TO USE THE VAMOOSE VACATION RENTAL SEARCH, PROGRAMS, THE VAMOOSE WEB SITES, VAMOOSE SEARCH RESULTS AND/OR THE SITES LINKED TO FROM THE VAMOOSE VACATION RENTAL SEARCH OR FOR ANY BREACH OF WARRANTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE THAT YOU WILL NOT HOLD VAMOOSE RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THE VAMOOSE VACATION RENTAL SEARCH, PROGRAMS, THE VAMOOSE WEB SITES, THE VAMOOSE SEARCH RESULTS AND/OR SITES LINKED TO FROM THE VAMOOSE VACATION RENTAL SEARCH, INCLUDING, WITHOUT LIMITATION, THOSE WITH WHOM VAMOOSE CONTRACTS TO OPERATE VARIOUS PORTIONS OF THE VAMOOSE VACATION RENTAL SEARCH AND/OR PROGRAMS AND THOSE TO WHOM VAMOOSE PROVIDES LINKS TO FOR CONTENT, ADVERTISING OR ANY OTHER TYPE OF DATA OR INFORMATION. WITHOUT LIMITING THE FOREGOING, VAMOOSE SHALL HAVE NO LIABILITY HEREUNDER BY REASON OF ANY FAILURE OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS ON ACCOUNT OF STRIKES, SHORTAGES, RIOTS, ACTS OF TERRORISM, INSURRECTION, FIRES, FLOOD, STORM, EXPLOSIONS, EARTHQUAKES, INTERNET OUTAGES, COMPUTER VIRUS, ACTS OF GOD, WAR, GOVERNMENTAL ACTION, OR ANY OTHER CAUSE THAT IS BEYOND VAMOOSE'S REASONABLE CONTROL. 15. CANCELLATION OR TERMINATION: If you are dissatisfied with the Vamoose Vacation Rental Search, Programs or with any of the terms and conditions contained therein, your sole and exclusive remedy is to terminate your account in writing. You may cancel your participation in the Vamoose Vacation Rental Search and/or Programs at any time. Notwithstanding anything contained in this Agreement to the contrary, Vamoose may, in its sole discretion, terminate your account, and discontinue your participation in the Vamoose Vacation Rental Search, Programs the Vamoose Search Results or on any Web site or Third Party Product that is part of the Vamoose Distribution Network, or your use of any keyword or any listing. Reasons for Vamoose's determination to so terminate or discontinue your account or participation as provided for above include, but are not limited to, if Vamoose believes that you violated this Agreement or other policies or guidelines of Vamoose or of a Third Party Product (or other member of the Vamoose Distribution Network) that uses, licenses or distributes the Vamoose Vacation Rental Search or Programs, or if Vamoose believes your conduct may be harmful to other consumers, advertisers or licensees who participate in (or offer to its users) the Vamoose Vacation Rental Search or Programs. All decisions made by Vamoose in this matter will be final and neither Vamoose nor its licensees (or distributors) shall have any liability with respect to such decisions. IMPORTANT: CANCELLATION OR TERMINATION MAY NOT ALWAYS ENTITLE YOU TO A REFUND. PLEASE SEE THE SECTION ENTITLED "REFUNDS" FOR MORE INFORMATION. Sections 3, 4, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 shall survive any termination of this Agreement. 16. REFUNDS: If Vamoose terminates your account or if you decide to terminate your account, and you provide notice to Vamoose, your account will be deemed terminated when Vamoose receives such notice. You will only receive a refund for amounts not yet charged to your account, less any debit balances for unpaid charges posted to your account. PLEASE SEE THE SECTION ENTITLED "PAYMENT" FOR MORE INFORMATION. 17. USE OF VAMOOSE VACATION RENTAL SEARCH SUBMISSIONS: By submitting material to the Vamoose Vacation Rental Search (including information for a listing) you are irrevocably granting Vamoose, its licensees, and any entities in the Vamoose Distribution Network, the right to use all parts of the material, without limitation, including modifying it or using it commercially and authorizing others to do so. Vamoose reserves the right to edit, refuse, reject or remove any listing at its discretion at any time. 18. NOTICES: Vamoose may give general notices to you by posting on the Vamoose Vacation Rental Search or www.Vamoose.com or any one of Vamoose's Web sites or, if possible, by electronic mail to the e-mail address provided by you to Vamoose. It is your responsibility to ensure that your e-mail address and any other contact information you provide to Vamoose is updated and correct. 19. CHOICE OF LAW: This Agreement shall be construed and controlled by the laws of the State of California. Any dispute arising from this Agreement, including, without limitation, a breach of this Agreement, shall be governed by the laws of the State of California, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in San Francisco, California. Any claim against Vamoose arising from this Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party. 20. ELECTRONIC SIGNATURES EFFECTIVE: (a) This Agreement is an electronic contract that sets out the legally binding terms of your use of the Vamoose Vacation Rental Search, Programs, and/or the Vamoose Web Sites. You indicate your acceptance to the terms and conditions contained or referenced herein or in any Programs by clicking on the "I Accept" button in connection with your enrollment. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. By clicking on the "Yes, I agree" checkbox, you accept this Agreement and/or any Programs and agree to the terms, conditions and notices contained or referenced therein. When you click on the "Yes, I Agree" checkbox during enrollment, you also consent to have this Agreement provided to you in electronic form. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, Vamoose will discontinue your then-current username and password. This means that you will not have the right to use the Vamoose Vacation Rental Search, Programs, and/or the Vamoose Web Sites unless, and until, we issue you a new username and password. Vamoose only will issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon written request. Prospective Nature. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of this Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal. (c) Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this Agreement for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. We will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement. 21. OTHER: This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between you and Vamoose. Only a written instrument executed by the party waiving compliance may waive the terms or covenants of this Agreement. If any provision of this Agreement is held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of this Agreement, and the invalid or unenforceable provisions shall be replaced by a mutually acceptable provision, which being valid, legal and enforceable comes closest to the original intentions of the parties hereto and has like economic effect. This Agreement is not intended to benefit, nor shall it be deemed to give rise to, any rights in any third party. Vamoose may change this Agreement and/or Vamoose's Privacy Policy (as posted on or linked from Vamoose's branded Web Site at http://www.Vamoose.com) at any time upon notice published on the Vamoose Vacation Rental Search or any one of the Vamoose Web Sites or by e-mail notification to you. Any use of the Vamoose Vacation Rental Search, Programs or any of the Vamoose Web Sites after such notice shall be deemed to be continued acceptance of this Agreement including its amendments and modifications. This Agreement was last revised on June 14, 2004. |