Terms & Conditions

Your Use of This Website is Governed by These Terms and Conditions

Bright Sites, Inc. (“Bright Sites” or “we”) operates this website and your use of this website is governed by these terms and conditions. Please take a few minutes to review these terms and conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these terms and conditions, do not use this website.

These Terms and Conditions May Change

Bright Sites reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the terms and conditions as amended. For this reason, we encourage you to review these terms and conditions whenever you use this website.

Vacation Rentals

This website exhibits and facilitates the exchange of information regarding third party owned vacation rental properties. It should be noted that Bright Sites and its shareholders, employees, directors, officers, agents or affiliates (each an “Affiliate” and collectively, the “Affiliates”) do not own or operate the vacation rental properties listed on this website. Bright Sites has not verified that the properties listed on Bright Sites exist or that the properties have the features listed on the website or in its advertising and the property descriptions presented are solely based upon the information provided by the property owner. The inclusion and distribution of any information regarding a rental property through Bright Sites does not imply a recommendation or endorsement of the rental property or its owner. Bright Sites is not involved in any rental transaction, and does not handle payments, guarantee transactions, provide escrow services, or offer "buyer protection" or "rental certification".

Rental Transactions

Bright Sites acts solely and exclusively as a venue for individuals seeking information on rental properties and for property owners/agents (“property owners”) seeking potential renters (“travelers”). Neither Bright Sites nor any of its Affiliates, undertake to screen or censor the listings offered or the travelers or users of the website. Bright Sites is not a party to the actual transaction between any property owner and any traveler, regardless of the fact that we may from time to time provide tools to our users, including but not limited to, direct booking which may enable a traveler to enter into a transaction to rent or lease a specific property directly from the property owner of that property. Bright Sites has no control over, and neither Bright Sites or its Affiliates shall be responsible, for the quality, safety or legality of the information posted on this website, the truth or accuracy of the listings, the ability of property owners to rent vacation property or the ability of travelers to pay for vacation rental properties.
You hereby agree and acknowledge that entering into an agreement or transaction with a third party involves certain risks, including but not limited to the risk of dealing with unknown persons, foreign nationals, underage persons, the safety and condition of the property, or people acting under false pretenses. You agree to assume all risks associated with your dealings with other users of the website and any persons who you may interact with either directly or indirectly by your use of this website. The information provided on this website is not a sufficient basis for making a decision with respect to entering into a transaction related to the renting of a property. Before renting or agreeing to rent such a property, the user must conduct its own due diligence with respect to such a transaction.
You agree that we will not be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with the performance or non performance of any property owner, traveler or other user of this website, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation, even if we have been advised of the possibility of any such damages. In the event of any such loss caused by resulting the performance or nonperformance of any property owner, traveler or other user of this website, you agree that your sole recourse shall be toward such property owner, traveler or other user and not toward us.
Property Listings

All property listings on the website are submitted by the property owner and are the responsibility of such property owner, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, property reviews, comments from visitors, or any alleged breaches of contract on the part of a property owner. Property owners are solely responsible for keeping their property information up to date on the website, 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 website is accurate or current. Property owners are solely responsible for ensuring the accuracy of any property descriptions.

Payment for Vacation Rentals

Each traveler is fully responsible for paying to the property owner (or its authorized designee) all rent, fees and other amounts owed by him or her in connection with the rental of any property listed on the website. Likewise, each property owner (or its authorized designee) is fully responsible for collecting from each traveler all rent, fees and other amounts owed to it as a result of the rental of any property listed on this website.

Copyright

All of the content displayed on this website, including without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips and text (collectively, the “Content”), are owned by or licensed to Bright Sites or one of its affiliates or subsidiaries. The compilation of all content on this site is the exclusive property of Bright Sites and protected by U.S. and international copyright laws. No user may remove, alter or cover any copyright or other proprietary notices placed on this website, including all materials found on this website.

Trademarks

All of the trademarks, service marks, and logos displayed on this website (the “Trademarks”) are registered and unregistered trademarks of Bright Sites, its affiliates, or third parties. Nothing in this website should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without the express written permission of Bright Sites or the respective third party owner, as applicable. Any use of the Trademarks is expressly prohibited, except as provided otherwise herein.

Limited License

Bright Sites grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Bright Sites. This license does not include any resale or commercial use of this site or its contents; any collection and use of any listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools.

Restrictions on Use

Unless otherwise permitted under these terms and conditions, you may not do any of the following without the prior written consent of Bright Sites:

Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
Reproduce any portion of the website or link to or frame this website, or any portion thereof;
Modify, translate into any language or computer language, or create derivative works from, any content or any part of this website;
Reverse engineer any part of this website;
Sell, offer for sale, transfer, or license any portion of the website in any form;
Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the website;
Use the website other than to advertise and/or research vacation rentals and to make legitimate inquiries to our users;
Use the website to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, 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 these terms and conditions;
Post or transmit any information that constitutes or contains false or misleading indications of origin or statements of fact;
Use or access the website in any way that, in our sole discretion, adversely affects the performance or function of the website, or any other computer systems or networks used by us or the website, or infringes on our copyright or any copyright of our members;
Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of publicity or privacy or any other proprietary rights;
Upload or transmit to the website 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, or intercept, the normal operation of the website, or appropriate the website or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of any third party.

If you are aware of or experience any content, activity or communication through or in connection with the website that appears to be in violation of the above, or in violation of any other provision of these terms and conditions, we request that you please inform us of any such violation by sending an email to legal@brightsites.com.

Links to Other Websites

This website may contain advertisements for and links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Any advertisements for and links to third party websites are provided for convenience only. The inclusion of a link to a third party website on this website does not imply any endorsement of the material, products or services contained on the third party website. If you choose to leave this website and access any third party websites, you do so at your own risk.

Registration

Certain sections of this website may require registration before accessing. If you elect to register, you agree to provide Bright Sites with accurate, complete registration information. You warrant that registration is for a single person only, and that you will not permit anyone other than yourself to access and use sections of this website requiring registration, usernames and passwords. You are solely responsible for all access to and use of this website through your username and password. You agree to immediately notify Bright Sites of any unauthorized use of your username or password, or if you suspect the privacy of your username and password have been jeopardized. Bright Sites cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Further, Bright Sites reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Minors

Persons under the age of 18 are not eligible to use any services on this website.

Privacy

See the Bright Sites Privacy Policy for disclosures relating to the collection, protection and use of your information. By using the website you acknowledge, agree and consent to the terms and conditions of the Bright Sites Privacy Policy, which is incorporated in its entirety herein by reference. Notwithstanding anything to the contrary contained herein or in the Bright Sites Privacy Policy, we reserve the right at all times to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request. [To discuss Bright Sites’ Privacy Policy.]

Electronic Communications

When you visit this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States.

When you use the website to send an inquiry to another user of the website, you agree to allow the website and its affiliated websites to add your e-mail address to our database of users. You may receive one or more promotional e-mails from either the website or our affiliated websites. [You are welcome to opt not to receive such promotional e-mails from the website at any time.] Please review our Privacy Policy for more information regarding our information collection practices and safeguards, and how to opt not to receive such emails.

Use of Other User’s Information

You agree that, with respect to other users’ personal information that you obtain through the website or through any related communication or any facilitated transaction, we have granted to you a limited license to use such information only for: (a) any website-related communications that are not unsolicited commercial messages, (b) using services offered through the website, and [(c) facilitating a financial transaction between you and the other user (such as an on-line booking or charging a personal credit card)]. You shall not add a user of a website (regardless of whether such user has previously rented a vacation property from you), without first receiving such user’s express consent. Further, you must give users an opportunity to remove themselves from your email list. Under no circumstances, except as provided herein, can you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with these terms and conditions. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information, and you assume all liability for the misuse, loss, or unauthorized transfer of such information.

User Content; No Spamming

We welcome your comments regarding our products, services and website. You may post reviews, comments and other content and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." Use of the website and any related email services provided by Bright Sites for spamming (or the otherwise sending of any content or communications that would be in violation of these terms and conditions) is expressly prohibited. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content.

If you do post content or submit material, and unless we indicate otherwise, you grant Bright Sites a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant Bright Sites and any of our sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these terms and conditions and will not cause injury to any person or entity; and that you will indemnify Bright Sites for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party. We reserve the right to decline to permit the posting on the website of, or to remove from, any user-contributed content that fails to meet our content requirements, as determined in our sole discretion.

Notice and Procedure for Making Claims of Copyright Infringement

We respect the intellectual property rights of others, and require that the people who use this website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the copyright agent named below:

Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that this procedure is exclusively for notifying Bright Sites that your copyrighted material has been infringed. The copyright agent for receipt of your notice of claims of copyright infringement on this website can be reached at contact@openvacationweeks.com.

DISCLAIMERS –– GENERAL

THIS WEBSITE IS OPERATED BY BRIGHT SITES ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, BRIGHT SITES DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEBSITE AND THE CONTENT OR INFORMATION PROVIDED THEREIN OR THE PRODUCTS AND SERVICES OFFERED THEREIN, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

BRIGHT SITES DOES NOT ENDORSE OR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. LINKS TO OTHER WEBSITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE OR USER OF THIS WEBSITE.

BRIGHT SITES DOES NOT GUARANTEE THAT THE INFORMATION THAT IT PROVIDES ON THIS WEBSITE OR THE INFORMATION PROVIDED BY OTHER USERS, IS ACCURATE, CURRENT OR SUITABLE FOR A PARTICULAR PURPOSE. BRIGHT SITES ASSUMES NO OBLIGATION TO UPDATE POSTED INFORMATION OR REVIEW INFORMATION SUBMITTED BY OTHER USERS. BRIGHT SITES DOES NOT GUARANTEE ACCESS TO THE WEBSITE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES, OR THAT THIRD PARTIES CANNOT TAMPER WITH THIS WEBSITE.

BRIGHT SITES MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

BRIGHT SITES ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE, OR THE RENTING OF ANY PROPERTIES AS A RESULT OF THE USE OF THIS WEBSITE.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY ARE RELATED TO IMPLIED WARRANTIES.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BRIGHT SITES OR ANY OF ITS AFFILIATES (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) RESULTING FROM OR RELATED TO THE RENTAL OF ANY PROPERTY LISTED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO FRAUDULENT LISTING OR RENTING OF PROPERTY, CONDITION AND MAINTENANCE OF A LISTED PROPERTY, UNAVAILABILITY OF A LISTED PROPERTY AND FAILURE OF A LISTED PROPERTY TO CONFORM TO ITS DESCRIPTION; (VII) ANY TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE OR AS A RESULT OF YOUR USE OF THIS WEBSITE; (VIII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (IX) DAMAGES OTHERWISE ARISING OUT OF YOUR USE OF THE WEBSITE, ANY DELAY OR INABILITY TO USE THE WEBSITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEBSITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BRIGHT SITES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE WEBSITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BRIGHT SITES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Indemnification
You agree to defend and indemnify Bright Sites and the Covered Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought (a) by you or on behalf of you in excess of the liability described above; or (b) by third parties as a result of: (i) your breach of this Agreement; (ii) your violation of any law or the rights of a third party; or (iii) your use of this website in violation of this Agreement.

Assignment

These terms and conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bright Sites without restriction.

General

You agree that this website shall be deemed solely based in North Carolina. You further agree that this website shall be deemed a passive website that does not give rise to personal jurisdiction over Bright Sites, either specific or general, in jurisdictions other than North Carolina. These terms and conditions shall be governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. Any claim or dispute between you and Bright Sites that arises in whole or in part from these terms and conditions or your use of this website shall be decided exclusively by a court of competent jurisdiction located in Wake County, North Carolina, and you expressly consent to the in personam jurisdiction and venue of such courts and waive any defense of forum non conveniens and agree to be bound by any judgment rendered thereby. If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. These terms and conditions, together with the Bright Sites Privacy Policy and any other legal notices published by Bright Sites on the website, constitute the entire agreement between you and Bright Sites with respect to the website and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Bright Sites with respect to the website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and Bright Sites’ failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.

Contact Us
This website is operated by Bright Sites, Inc. All inquiries may be directed to contact@openvacationweeks.com.com.

Last updated March 2010.

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