Please read these terms and conditions of use carefully before using or obtaining any materials, information, products or services through this site. By accessing, using or obtaining any content, data, materials, information, products or services through the TREKADOO.com website (the "Site"), you (the "user" or "you") agree to be bound by these terms and conditions ("Terms"). If you do not accept all of these terms, then please do not use the Site.
We recommend you print out a copy of these terms and conditions for your future reference.
We own the Site and all of the text, images, software, trademarks, service marks or other material contained on the Site (the "Content"). You will not copy or transmit any of the Content, except for your personal, non-commercial use on your computer. All copyright, trademark and other proprietary rights notices included in the Content as presented on the Site must appear on all copies you print. TREKADOO.com is a trademark TREKADOO, LLC. Your use of and access to the Site do not grant you any license or right to use any of the marks included on the Site.
Although we do charge a monthly fee to owners of vacation rentals ("Property Owners") who rent their properties through the Site, we do not charge travelers to access the Site and research properties. Accordingly, we grant users a limited, revocable, non-exclusive license to access the Site to, as applicable, advertise vacation rental properties and/or research, view or make legitimate inquiries to regarding their interest in particular vacation rental properties for their personal use, all in accordance with these Terms. Any other use of the Site is expressly prohibited. However, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that provide classified listings or property rental advertisements, or any subset of the same, or which is in the business of providing vacation property rental services. You may only use the Site to search for legitimate vacation rentals and you may not use the Site to make any false, fraudulent or speculative reservation or any reservations in anticipation of demand. You agree not to use the Site for any purpose that is unlawful, illegal or forbidden by these Terms or local or federal laws, including any local laws applicable to you if you are using the Site outside of the United States.
In addition, you agree not to do any of the following without prior express written permission of TREKADOO:
We reserve the right to change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We also reserve the right to limits on certain features or services or restrict your access to parts or all of the Site without notice or liability.
User verification on the Internet is difficult and we cannot and do not confirm each user's purported identity. 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. When you give someone your online ID and online password, you are authorizing that person to access and use your account, and you are responsible for any and all reservations that person performs while using your account, even those reservations that are fraudulent or that you did not intend or want performed. EACH USER ACKNOWLEDGES AND AGREES THAT: (a) NEITHER THE SITE NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED RESERVATION MADE USING ANY USER'S PASSWORD THAT OCCURS BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (b) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE SITE AND OTHER USERS. Further, we may suspend or cancel your listing at any time even without receiving notice from you if we suspect that your password is being used in an unauthorized or fraudulent manner.
We have no duty to pre-screen content posted on the Site by property owners, travelers or other users including, without limitation, property listings and reviews of or guest book entries for any particular rental property (collectively, "User-Contributed Content"), and we are not responsible for User-Contributed Content. We do, however, reserve the right to decline to permit the posting on the Site of, or to remove from, any User-Contributed Content that fails to meet our content requirements. We may also remove User-Contributed Content if it is brought to our attention that these Terms or any other requirements governing the posting of User-Contributed Content appears to have been breached. All property listings on the Site are submitted by the Property Owners and are the responsibility of the Property Owner, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, property reviews, guest book entries, or any alleged breaches of contract on a Property Owner's part. Property Owners are solely responsible for keeping their property information up to date on the Site, including, but not limited to any and all representations about any property, its amenities, location, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property reviews, guest book entries, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date. Property Owners are solely responsible for ensuring the accuracy of any property descriptions. However, we reserve the right at all times to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request.
In no event will the Site, TREKADOO, LLC, its subsidiaries, affiliates, managers, officers, directors, employees and/or agents (collectively, the "TREKADOO Group") be liable for any direct or indirect, consequential, special, incidental or punitive damages arising out of, based on or resulting from the Site, these Terms, your use of the Site, and/or any reservation between users and Property Owners. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) strict liability, (4) tort, (5) negligence, or (6) any other cause of action, to the maximum extent such exclusion and limitations are allowed by applicable law. If you are dissatisfied with the site, you do not agree with any part of this limitation, or have any other dispute or claim with or against us, another user or the Site with respect to these Terms or the Site, then your sole and exclusive remedy is to discontinue using the Site.
The Site, including all content, software, functions, materials and information made available on or accessed through the Site is provided "as-is." To the fullest extent permissible by law, we make no representations or warranties of any kind whatsoever for the content on the Site or the materials, information and functions made accessible by the software used on or accessed through the Site, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the Site or any liked site. Further, we expressly disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose or accuracy. We do not warrant that the functions contained in the Site or any materials or content contained herein will be uninterrupted or error free, that the defects will be corrected, or that the Site or the Server that makes it available is free of viruses or other harmful components. You acknowledge that any transmission to and from this Site is not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to us and by posting information on the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and us other than pursuant to these Terms.
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 reservation or User-Contributed Content), you hereby agree to release, remise and forever discharge the Site and any Property Owner of the TREKADOO Group, each of their respective agents, directors, officers, managers, employees, agents, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, 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 the Si
You hereby agree to indemnify, defend and hold the Site and any Property Owner of the TREKADOO Group, each of their respective agents, directors, officers, managers, employees, agents, and all other related persons or entities (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 (including, without limitation, any dispute between users regarding any reservation or any of your User-Contributed Content), any content posted by you or any breach by you of these Terms or the representations, warranties and covenants made by you herein, including, without limitation, attorney's 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 any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
Any and all services and rights of use hereunder are performed and/or sold in the State of Nevada, 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 Clark County, Nevada which will be the venue of any legal dispute. You also agree that any dispute between you and us will be governed by the laws of the State of Nevada.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for claims of copyright or other intellectual property infringement at: email@example.com or Trekadoo, LLC, 889 S. Rainbow Blvd. #599, Las Vegas, NV 89145. Please include the following in your notice: (a) identify with specific detail the material on the Site that you claim is infringing; (b) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (c) a statement by you declaring under penalty of perjury that (i) the above information in your notice is accurate, and (ii) you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; (d) your physical address, telephone number and email address; and (e) your physical or electronic signature. We will thereafter remove the allegedly infringing content, subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA). If you see or experience any user-contributed or other content, activity or communication through or in connection with the Site, that appears to infringe any requirement of these Terms, we would like you to inform us at firstname.lastname@example.org. We rely upon users to notify us of infringing content, activity and communications.
Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.
Except as explicitly stated otherwise, any notices shall be given (in the case of you contacting us) by email to email@example.com or by postal mail to:Trekadoo, LLC 889 S. Rainbow Blvd. #599 Las Vegas, NV 89145
or, when we need to send you notice, to the email address you provide to the Site during the registration process (in your case, and as applicable). Notice shall be deemed given upon receipt or 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any address provided to us during the registration process (as applicable). In such case, notice shall be deemed given three days after the date of mailing.
We reserve the right, in our sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Notification of changes to these Terms will be posted on the Site and will be effective immediately thereafter. Your continued use of the Site following the posting of any such change, modification or amendment will constitute your acceptance thereof.
This Site may contain links, reference and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third-party sites or the contents thereof. Your interaction with any third-party sites accessed through The Site is at your own risk, and we will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third-party sites or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third-parties.
We may modify these Terms, at any time, by posting notice on the Site at least ten (10) days before any modification becomes effective. Your continued use of the Site following the posting of notice of any modification will be subject the Terms in effect at the time of your use. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Site in any way your only recourse is to immediately terminate use of the Site.
As these Terms may change from time to time, we do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.
Except as applicable to Property Owners, below, these terms constitute the entire agreement between us and you with respect to your use of the Site. We may immediately terminate any user's access to or use of the Site due to such user's breach of these Terms or other unauthorized use of the Site. 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. Any cause of action you may have hereunder or with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. You acknowledge that you have read and understood these Terms, and that these Terms have the same force and effect as a signed agreement.
By listing a property on the Site, a Property Owner agrees to be bound by the following terms and conditions in addition to the Terms, above (collectively, the "Terms"). If you do not accept all of these terms, then please do not list your property on the Site.
For use of the Site's services you will pay on monthly fee. The fee amount will depend upon the number of properties you have listed on the Site. We reserve the right to change our pricing and plans at any time.
Use of the site is billed month to month. You may cancel at any time. To cancel your account simply send an email to firstname.lastname@example.org with the word "Cancel" in the subject and your username somewhere in the body of the email. Your account will remain active for the duration of the term for which you have paid and will be deactivated and deleted once the term has expired. Trekadoo does not provide refunds under any circumstances. Once you have purchased the service, your account will remain active for the duration of time for which you have paid. If you do not cancel your account prior to your monthly renewal date, we will automatically bill your credit card for an additional month of service.
Our services may only be used by Property Owners who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Each Property Owner represents and covenants that any information submitted to the Site during such Property Owner's registration with the Site shall be true and correct. If changes are necessary to make previously submitted information true and correct, the Property Owner further agrees to promptly submit updated information to the Site as soon as practicable after the changed or updated information becomes available. Each Property Owner agrees to promptly provide such proof of personal identification, proof of ownership of the property listed on the Site, and proof of authority to list the property as we may request.
We reserve the right to determine in our sole discretion the final design, layout and functionality of our Site, which is subject to change from time to time without notice. We reserve the right, in our sole discretion, to review and edit copy or amend the content, layouts or images supplied by any Property Owner. All content and copy edits submitted by Property Owners are subject to review and approval by us in our sole discretion. Notwithstanding our right to edit and amend the content, copy and images, we do not accept and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or images or any change made to any content, image or copy submitted by any Property Owner or edited or amended by us.
By submitting a photograph or image ("Image") electronically through the Site, the Property Owner represents and warrants that (a) it holds all intellectual property rights with respect to each submitted Image, or it has secured from the copyright holder all rights necessary for the Image to be used in an online advertisement, (b) that any people in the Image have given permission for their likeness to be displayed in an online advertisement, (c) that the Image accurately and fairly represents the subject of the Image and has not been altered in any manner that would mislead a viewer of that Image, and (d) that it will indemnify and hold harmless the Site and any Property Owner of the TREKADOO Group from any cause of action arising from any misrepresentation with respect to any and all the Images so submitted.
If you are a Property Owner, by accepting these Terms and by paying for and posting a listing on the Site, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the images and the likenesses (if any) of any content you post on the Site or the websites of our affiliates, and you grant the Site and the TREKADOO Group the ability to copyright and protect the images, copy, and content available via your 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. We need these rights to host and display your listing. You further agree to assist us-at our expense and control-to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any Property Owner and each Property Owner will indemnify and hold harmless the Site and any Property Owner of the TREKADOO Group against any action brought for breach of copyright or other rights from the use of such content supplied by such Property Owner. Each Property Owner hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us by such Property Owner.
Any entries in the guest book or property review section of any Property Owner's listing must be genuine comments from guests who have stayed at the property advertised. The e-mail address(es) of the guest(s) whose comments are given must be supplied by a Property Owner to us upon our request.
We have the absolute right to terminate any listing immediately for the following reasons: (a) If we become aware that the Property Owner does not own or no longer owns the listed property; (b) If we become aware that a Property Owner's listing or rental practices warrants removal (for example, and without limitation, if a Property Owner 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 within the vacation rental industry, or if we receive a complaint that any listing's content infringes on the rights of a third party), or (c) if any Property Owner is in breach of these Terms or its obligations to us then we may immediately remove such Property Owner's listing from the Site without notice to the Property Owner and without refund.
We reserve the right to refuse in our sole discretion any advertisement submitted to us either through our online submission process or sent to our offices for us to load or post onto the Site. We may refuse to publish the advertisement for any reason, and each current or prospective Property Owner expressly agrees to release and hold us harmless from any loss or liability that may arise from such a decision. If, in our sole discretion, any Property Owner submits unsuitable material to our Site or into our database, persistently misuses the Site or our online systems, or is in material breach of these Terms, we reserve the right to remove immediately such Property Owner's property from the Site.
The forms available on Trekadoo are examples only. Use of any of these forms warrants that you sought legal counsel. Trekadoo is not giving legal advice and does not warrant that these samples are suitable for your needs or property. Trekadoo is not liable for any damages through use of these forms.
No listing may be transferred to another party, except that if a Property Owner sells the property that is listed, the Property Owner may transfer its listing to the new owner of the property that is listed. We may, at our discretion, charge a reasonable transfer fee.
Property Owner agrees to be bound by all the terms set forth above.