Terms of Use

To access and use www.getawayx.com (the "Site"), you must register and agree to these Terms of Use ("Terms"). I The Terms of Use apply to your use of the Site, whether as a guest or a registered user. If you are using the Site as a representative of an organization, you represent and warrant that you are authorized to bind that organization to the Terms. Please read the Terms carefully. The Terms constitute a binding agreement between you or such organization ("You") and Getawayx.com, LLC ("We" or "Us"), the owner and operator of the Site.

1. Use of Site

The Site offers owners or managers of vacation rental properties (collectively, "Property Managers") access to a multitude of resources relating to managing and promoting properties, the opportunity to list property availability and provide feedback on users who have stayed in your rental properties ("Renters"). Renters may access the Site to reserve vacation rental properties, with the express understanding and agreement that Property Managers will have the ability to provide feedback on each Renter. The Site also offers Property Managers, either directly or through a real estate agent ("Realtor") the ability to list and advertise vacation rental properties for sale.

2. Registration

In order to use the Site to list or reserve any property, You must register with the Site by creating a login name and password. To access the Site or some of the resources it offers, You may be asked to provide certain registration details or other information. All the information You provide on the Website must be correct, current and complete. You should treat Your login and password as confidential information and not share them with third parties. You are responsible for all actions taken on the Site accomplished through Your login. You must immediately notify Us in the event that You become aware of any unauthorized use of Your login and/or password.

3. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to access or use the Site:

  • In any way that violates any applicable law or regulation.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate Us, another user, or any other person or entity.
  • To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Us or users of the Site or expose any of them to liability.
  • In any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
  • Via any robot, spider or other automatic device, process or means.

You further agree to not engage in the following activities:

  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Our prior written consent.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or harmful.
  • Gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

4. User Posts and Contributions

WHETHER A PROPERTY MANAGER, REALTOR OR A RENTER, YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY AND ALL DESCRIPTIONS, STATEMENTS OR REPRESENTATIONS MADE ABOUT ANY PROPERTY THAT IS LISTED ON THE SITE. You are responsible for all content that You post on the Site. Your posts and contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Our Privacy Policy at www.getawayx.com.
  • Be fraudulent, deceptive or misleading.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities and/or sales without our prior written consent, such as contests, sweepstakes and other sales promotions, barter, advertising or pyramid schemes.
  • Give the impression that any materials emanate from Us.

We have the right but not the obligation to:

  • Remove or refuse to post any post or contribution for any reason in Our sole discretion.
  • Disclose Your identity to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION WE TAKE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY US OR LAW ENFORCEMENT AUTHORITIES.

We can neither review all material before it is posted on the Site nor ensure prompt removal of objectionable material after it has been posted and assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third parties.

5. Termination

We have the absolute right to disable any user name or password, at any time, for any reason, including, if in our sole discretion We believe that You have failed to comply with any provision of these Terms.

6. Ownership

All right, title and interest in and to the Site, including all information, software, text, displays, images, video and audio) and the design, selection and arrangement thereof and its underlying technology vests exclusively in Us and/or our affiliates and licensees. You grant Us a license to any content you post on the Site, which We may use for any lawful purpose and in accordance with our Privacy Policy.

You are permitted to use the Site only for legitimate purpose as a Property Manager, Renter or Realtor. You must not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on the Site without Our prior written consent. No right, title or interest in or to the Site or any of its content is transferred to You, and all rights not expressly granted are reserved by Us. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

7. Privacy

The Site is governed by our Privacy Policy, which is incorporated here by reference.

8. Links

If the Site contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links from advertisers, including banner advertisements. We have no control over the contents of those Sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If You decide to access any of the third party websites linked to this Site, You do so entirely at Your own risk and subject to the applicable terms and conditions of use for such websites.

9. Indemnification

You agree to indemnify, defend and hold Us, our affiliates, agents, officers, employees and licensors harmless from and against any and all claims and expenses, including without limitation reasonable attorney fees, in any way arising out of or related to your use of the Site, a violation of these terms or any other law or regulation.

10. DISCLAIMER OF WARRANTIES

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT. YOUR USE OF THE SITE, ANY CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. LIMITATION OF LIABILITY

YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SITE, REGARDLESS OF WHETHER SUCH DAMAGE, LOSS OR EXPENSE IS BASED IN TORT, CONTRACT OR OTHERWISE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES REGARDLESS OF WHETHER THE FUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Michigan without reference to its conflict of laws provisions. You agree that any dispute related to the Terms and/or Your use of the Site shall be brought in the United States District Court for the Eastern District of Michigan or the state courts in Oakland County, Michigan and You waive any claim that such courts do not have personal jurisdiction or are an inconvenient forum.

13. Assignment

We may assign its rights and obligations under these Terms, in whole or in part, without notice to You, at any time.

14. Entire Agreement

These Terms constitute the entire agreement between You and Us with respect to the Site and it supersedes any and all prior or contemporaneous communications. We reserve the right to modify these Terms and will notify You via email of any material changes to the Terms. Your continued use of the Site constitutes acceptance of the modified Terms.

Getawayx.com DMCA Takedown Policy

We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by submitting written notification (a "DCMA Notice") to our copyright agent (designated below) in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. ยง 512) ("DMCA").

Our designated Copyright Agent to receive DMCA Notices is:

Trevor Wisniewski
Po Box 250634
West Bloomfield, MI 48325
support@getawayx.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our Copyright Agent (identified above) pursuant to the DMCA.

It is our policy to terminate the user accounts of repeat infringers and offenders of the DMCA.