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Terms of Service
| The following Terms of Service ("Terms of Service", "TOS", "Terms of Use", or "User Agreement") govern any and all usage of the Topsail.com website and its associated services.
You must read these terms carefully and thoroughly prior to engaging in any activity on this website ("Site").
Your use of this Site confirms that you have read, understood and agree to all conditions, terms and disclaimers contained herein.
If you do not agree to these terms, conditions and disclaimers, you must not use this Site. |
Headings.
The headings contained in these terms are intended as a convenience only,
and will not limit the terms and conditions herein. |
Changed Terms.
Merlix LLC ("Topsail.com") shall have the right at any time, and without
advanced notice, to modify the terms and conditions set forth in the Terms of Service("Terms") agreement or to
impose new terms and conditions. Such modifications or additions are effective immediately and any usage of
this Site constitutes acceptance of these changes. |
Copyright.
All material contained in this Site - including text, graphics and software - is
copyright ©Topsail.com or by the original creator of the material. None of the material on this Site
may be copied, reproduced, republished, downloaded, distributed, displayed, or posted without the explicit written
permission of Topsail.com and/or the original creator of the material. Unauthorized use of this Site's materials may
violate trademark laws, copyright laws, the laws of publicity and privacy and communications regulations and statutes. |
| Use of Site. |
| LICENSE TO USE THE SITE |
| Topsail.com grants you a non-exclusive, non-transferable, limited
right and license to access, use and privately display the Site and
the materials thereon for your personal use only, by way of one (1)
computer connected to the Site over the Internet, provided that you
comply fully with these Terms of Service. You may "cache" pages of
the Site for the sole purpose of increasing the speed and efficiency
at which you access the Site in the future, however any other copy
or use of a portion of the Site will constitute a copyright violation.
You shall not interfere or attempt to interfere with the operation
of the Site in any way through any means or device including, but
not limited to, "spamming", hacking, uploading computer
viruses or time bombs, or any other means expressly prohibited by
any provision of these Terms of Service. |
- Membership Eligibility.
Use of this site acknowledges that you are able to form legally binding contracts under applicable law and you will be financially responsible for all uses of this Site.
- No Misleading, Unlawful or Prohibited Use.
You are prohibited from transmitting or posting any false, misleading, deceptive, inaccurate, illegal, indecent, unlawful, pornographic, obscene, slanderous, libelous, defamatory, inflammatory, controversial, and threatening information on this Site. Topsail.com assumes no liability for any material posted or transmitted by you.
Property owners and/or property managers ("Advertisers") who create Property Listings ("Listings") on this Site are solely responsible for the content published in their Listings. Advertisers agree not to post or transmit any material that violates these Terms, including copyright and decent materials conditions. Topsail.com reserves the right to immediately and without advanced notice terminate any property listing which violates these Terms. No refunds will be issued for services terminated by Topsail.com.
Any information posted to this Site immediately becomes the property of Topsail.com and may be modified, edited or deleted at the sole discretion of Topsail.com.
- Access and Interference.
You agree that you will not use any robot, spider, scraper, or bot to access this Site. You agree you will not take any actions which limit or interfere with the performance of this Site by placing disproportionately large loads on our system. Further, you agree that you will not interfere with any other user's listings or transactions on this Site.
- Fraud
Without limiting any other remedies, Topsail.com reserves the
right to suspend or terminate your account if we suspect (by conviction,
settlement, or otherwise) that you have engaged in fraudulent
activity in connection with the Site.
- Fees and Services
Joining Topsail.com.com and searching for properties are free. Fees are charged for creating property listings as well as other property-specific features such as featured property and deals/last minute specials advertisements. Fees are subject to change at our sole discretion and are effective immediately upon introduction for any purchase subsequent to the change. Unless otherwise stated, all fees associated with Topsail.com services are quoted in US dollars.
We may, at our sole discretion, change some or all of our services at any time.
- Property Listings
Each Listing subscription is valid for a single property and may not be transferred to other properties under any circumstances.
To list a property on the Site, you must either be the owner of the property or a qualified manager of the property as determined by the property owner.
Advertisers agree not to post any personally identifiable information including but not limited to phone numbers, physical addresses, email addresses, and Uniform Resource Locaters (URLs) in sections of this Site that are not specifically designed to collect this information. Advertisers agree to post only information (including graphics, text, descriptions) relevant to the property listed for rental on the Site.
Property listings may be terminated if it is deemed that the listing or the owner/manager of the listing has engaged in fraudulent behavior.
- Topsail.com is a venue.
- No Agency. You and Topsail.com are independent contractors, and no creation or intention of join ventures, partnerships, agencies, employees or franchises are granted by these Terms. Topsail.com is not an agent for owners/managers of vacation rental properties or renters of vacation rental properties. Topsail.com facilitates contact between owners/managers and renters of vacation rental properties as well as owners/sellers agents and buyers/buyers agents and is not in any way involved in the actual transactions between owners/managers, renters, buyers and agents. Topsail.com does not validate the accuracy of any information included in a Listing, and does not have any control over the quality or safety of vacation rentals offered on this Site. Vacation rental renters are solely responsible for validating the accuracy of information contained in a Listing prior to rental. All questions pertaining to rentals of specific properties must be directed to the contact person(s) contained in the property's Listing.
- Release. In the event of a dispute between a property renter and a property owner/manager or a buyer/buyers agent and a property owner/sellers agent, you release Topsail.com from all damages and claims arising from the dispute.
- Feedback.
- Integrity. The Site's feedback system is intended to facilitate property rentals between the Site's users. You must not take any actions that undermine the effectiveness of the feedback system.
- Obligations. Property owners/managers are issued uniquely identifying Feedback Keys that should be issued to renters once a vacation rental is booked and paid for. Property owners/managers are under no obligation to provide this key, and renters are under no obligation to leave feedback.
- Export. Feedback consists of comments left by renters of vacation rentals, responses left by owners of vacation rentals, and a composite feedback score provided by Topsail.com. This feedback is intended for use solely on this Site, and must not be exported or marketed in any capacity outside the scope of this Site.
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Privacy.
Topsail.com does not sell, rent or distribute your personally identifiable information to third parties for their marketing purposes without your explicit consent. Use of your personal information is conducted in accordance with our Privacy Policy. You agree that you have read, understand, and agree to the terms set forth in the Privacy Policy. |
LIMITATION OF LIABILITY.
THE INFORMATION, SOFTWARE AND SERVICES CONTAINED ON THIS SITE MAY INCLUDE INACCURACIES AND TYPOGRAPHICAL ERRORS. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY INJURY, CLAIM, LOST PROFITS OR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Topsail.com AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH REGARD TO THE INFORMATION, SOFTWARE AND SERVICES CONTAINED ON THIS SITE.
OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE SUBSCRIPTION FEES CHARGED FOR ACCESSING THIS SITE, AND (B) US $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
| NO WARRANTY.
Topsail.com PROVIDES THIS SITE AND ITS SERVICES "AS-IS". Topsail.com DOES NOT WARRANT THE ACCURACY, VALIDITY, COMPLETENESS OR RELIABILITY OF ANY CONTENT OR DATA POSTED ON THIS SITE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights that vary from state to state. |
Abusing Topsail.com.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting beyond the scope of our policies. Unconfirmed or suspected "false" accounts may be cancelled at any time without prior or advance notice. |
Indemnification.
By using this Site, you agree to indemnify Topsail.com from and against any claim or demand, including reasonable legal and accounting fees, arising from your breach of these Terms and the documents it references, or your violation of the rights of any third party. |
General.
The Terms set forth in this agreement shall be deemed severable. In the event that any provision included in these Terms is determined to be invalid or unenforceable, such provision will be enforced to the fullest extent according to law and the validity and enforceability of other provisions will not be affected.
Topsail.com does not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. |
Changes in Site Ownership.
You will be deemed to have consented to the transfer and/or disclosure to a subsequent owner of this Site, of any personal information submitted by you and contained in Topsail.com's database if Topsail.com assigns all of its rights and obligations regarding the use of your personal information at the time of a merger, acquisition, or sale of all or substantially all of Topsail.com's assets. |
Submissions.
Topsail.com welcomes our customers and users to submit feedback regarding our services. While we value your feedback on our services, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions, or materials.
If, at our request, you send or post certain specific submissions (e.g., via a message boards or contests) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Topsail.com.
Topsail.com shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Topsail.com shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. Applicable law may restrict or limit the foregoing provisions of this paragraph. If so, without limitation of the foregoing, you agree that in no event shall Topsail.com's liability exceed $200.00. |
Termination.
Topsail.com may terminate these Terms at any time and at our sole discretion resulting from usage of this Site that violates these Terms. Upon termination of these Terms, all rights immediately revert to Topsail.com and all rights granted to you will terminate. |
Monitoring.
Topsail.com shall have the right to remove any material posted on the Site without any prior or advanced notice. |
Links.
This Site may contain links to other websites that are provided as a convenience to you and not as an endorsement by Topsail.com. Topsail.com does not make any representation or warranty regarding the contents of these sites and shall not be responsible for content provided in these sites. If you decide to access these other sites, you do so at your own risk. |
Additional Terms.
The following documents are incorporated into these Terms by reference and provide additional terms and conditions related to specific services provided by this Site: |
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