BY CONTINUING TO USE THIS WEBSITE YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS").
You also agree to our property listing disclaimer.
TERMS OF SERVICE
Agreement Between You and FindBnB Interests, LLC
The FindBnB.com web site ("The Website") is owned and operated by FindBnB Interests, LLC, Florida, USA.
Services
The following are the terms and conditions for use of the service including, without limitation, bed and breakfast inn listing and other services which may be offered from time to time by FindBnB Interests, LLC on The Website. Please read them carefully.
The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
IF YOU DO NOT ACCEPT THESE TERMS, DISCONTINUE USE OF THIS SITE
Subscriber
The Subscriber is defined as an individual who is accessing the Services. Subscribers may not have more than one account and may not share accounts. If a Subscriber has more than one account, We reserve the right to aggregate the Subscriber's usage across all of his accounts for purposes of calculating accurate fees and usage charges.
Terms
The term of Subscriber subscription is effective as soon as we makes a subscriber's property listing available to the public ("publishing" the listing).
Free Trial
FindBnB.com may, from time to time, offer a Free Trial subscription. If subscriber subscribes to a listing under the Free Trial offer, no payment is requied for the initial trial period. Once the trial period has ended, subscriber may renew the subscription on a yearly basis at the current subscription rate or terminate the subscription. Subscriber agrees that FindBnB.com retains the right to terminate the free trial at any time.
Fees
Our current fee schedule may be found at http://www.findbnb.com/costs.asp. FindBnB.com will provide listing subscription service to the subscriber upon payment of the initial subscription period. At the conclusion of the subscription period, subscriber will have the option of renewing the subscription as a yearly renewal at the current subscription rate. If the subscriber pays by credit card and signs up for the optional "auto renew" feature, subscriber authorizes FindBnB Interests, LLC to charge the credit card upon subscription renewal at the current rate for another subscription term. The subscriber may opt out of the "auto renew" option by logging into their account and accessing the billing menu at FindBnB.com. In the event of unauthorized access to the Subscriber's account, Subscriber must promptly notify FindBnB.com. Subscriber will remain responsible for all charges to Subscriber's account until FindBnB.com is so notified. Any amounts not paid by Subscriber to FindBnB.com when due shall bear interest at the rate of 1.5% per month until paid in full.
Cancellation and Refunds
Subscriber may cancel their service at any time by notifying FindBnB.com. FindBnB.com will not refund any paid portion of a subscription.
Disclaimer of Warrantees: Limitation of Liability
(A) FindBnB.com shall endeavor to provide the Services in accordance with the standards of the industry. FindBnB.com will make a good faith account credit to any amount paid by the Subscriber for the Services to the extent of a failure of the services which renders the Services unusable except to the extent caused by Subscriber or based upon acts or conditions beyond FindBnB.com's reasonable control; provided that Subscriber reports such problems to FindBnB.com immediately upon discovery and requests an adjustment within 5 business days of such failure. In no event shall FindBnB.com's liability exceed the most recent Yearly Payment by Subscriber to FindBnB.com
(B) Subscriber acknowledges that FindBnB.com has not made any representations or warrantees with respect to the quality of the service or that the service will be accessible on a continuous basis or that such accessibility will not be limited or interrupted from time to time, and FindBnB.com specifically disclaims any such representations, warrantees, or covenants. Subscriber acknowledges that FindBnB.com shall not be liable or responsible for consequential damages, lost profits or other damages of any type or nature, even if FindBnB.com has been advised of such damages. Subscriber acknowledges that sole remedy for any such failure is set forth in paragraph (A) of this section. Subscriber acknowledges that FindBnB.com may, upon receipt of a complaint, with respect to any of the Subscriber material or any other reason, prevent Subscriber material from being accessible through the service; provided that FindBnB.com shall have no obligation to prevent such access and no liability to Subscriber or any third party for Preventing Access to or failure to prevent access to such material.
(C) Subscriber acknowledges that FindBnB.com has not made any representations or warrantees with respect to the number of bookings made through the service. FindBnB.com cannot guarantee any bookings will be made with the service.
(D) FindBnB.com does not represent any of the property owners. FindBnB.com cannot guarantee the validity or accuracy of any statement made on property listing pages.
(E) FindBnB.com is NOT A LICENSED REAL ESTATE AGENT IN ANY STATE. Any arrangements made between property renters and owners are made independent of us.
Subscriber Materials: Indemnification: Policies
(A) Subscriber represents and warrants that any material which Subscriber places on the service will not 1) violate the rights of any 3rd party and will not give rise to any claim of such violation 2) violate any federal, state or local law, rule or regulation of any type of any nature (civil or criminal) or 3) contain or transmit any software disabling devices, internal controls, or spamming agents.
(B) Subscriber shall indemnify and hold FindBnB Interests, LLC and its employees, agents, shareholders, officers, directors and successors and assigns harmless from and against any and all claims, damages, liabilities, costs and expenses (including attorneys' fees and costs and settlement costs) ("Damages") arising out of any breach by subscribers of any of the representations, warrantees or agreements set forth in the Signup Form or these Terms and Conditions.
(C) Subscriber agrees to comply with FindBnB.com's policies with respect to the Services, as such policies may be modified from time to time including, but not limited to, FindBnB.com's policy against "spamming" which is available at http://www.findbnb.com/servicepolicy.asp.
Termination
FindBnB.com may terminate the term and Subscriber's right to use the service at any time without cause by sending notice to the Subscriber. FindBnB.com may terminate the term and subscriber's right to use the service immediately without prior notice on a breach of the these Terms and Conditions by Subscriber. In addition, Subscriber may also terminate this Agreement by giving written notice to FindBnB.com and discontinuing use of the service. Terminations by subscriber will be effective 30 (thirty) days after the date on which FindBnB.com receives notice from the Subscriber and Subscriber will be liable for fees and charges set forth in the Subscriber selected subscription level through the end of the Subscriber's current subscriptions. No refunds will be given if the Subscriber cancels the Services, or if FindBnB.com cancels the Services due to a breach of these Terms and Conditions, and under no circumstances will any termination of this contract result in a refund exceeding the unused portion of any fees paid to FindBnB.com.
Changes in Services, Terms and Conditions, and Fees
FindBnB.com may modify these Terms and Conditions or service prices and may discontinue or revise any and all other aspects of the service in FindBnB.com's sole discretion upon 30 (thirty) days notice. Subscriber shall be deemed to have accepted any such changes or modifications by continuing to use the Service after the end of such thirty days period. A copy of FindBnB.com's standard Terms and Conditions including any such changes made to such Terms and Conditions from time-to-time is available at http://www.findbnb.com/termsOfUse.asp or a new address of which FindBnB.com gives subscriber notice.
Miscellaneous
(A) These Terms and Conditions shall be governed and construed under the laws under the State of Florida. Any dispute arising out of the these Terms and conditions or any Services provided by FindBnB.com shall be resolved in the Federal or State courts located in Hillsborough county Florida and Subscriber consents to the jurisdiction of such courts over Subscriber. All notices given by subscriber shall be in writing and addressed to: FindBnB Interests, LLC, 12004 Race Track Rd, Tampa, FL 33626. All notices to Subscriber shall be given either in writing, via regular mail, email or via telephone to the address, email address, or telephone number indicated on the About Page.
(B) Subscriber acknowledges and agrees that Subscriber will permit FindBnB.com to use its name and trademarks for promotional and advertising purposes: provided that such use accurately reflects the relationship of the parties. By signing up for services, Subscriber has agreed to these Terms and Conditions. These Terms and Conditions represent the parties entire agreement and understanding, supercede any previous oral or written agreement and may only be modified pursuant to a written agreement or as permitted by paragraph 8 hereof.
Last Date Revised: April 7, 2007.
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