TERMS AND CONDITIONS OF USE
TERMS AND CONDITIONS OF USE
Welcome to our website. This site is maintained as a service to our customers. By using this site,
(“Service”) you agree to comply with and be bound by the following terms and conditions of use. Please
review these terms and conditions carefully. If you do not agree to these terms and conditions, you should
not use this site. In no case is anyone under 18 years old allowed to use the Service.
- Agreement.This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for
access to and use of WWW.BOOKDIRECTFORGOTTENCOAST.COM (the "Site") and describe the terms and conditions
applicable to your access of and use of the Site. This Agreement may be modified at any time upon
posting of the modified Agreement. Any such modifications shall be effective immediately. You can
view the most recent version of these terms at any time at WWW.BOOKDIRECTFORGOTTENCOAST.COM. Each use by you
shall constitute and be deemed your unconditional acceptance of this Agreement. - Privacy.Your visit to our site is also governed by our Privacy Policy. Please review our Privacy
Policy at WWW.BOOKDIRECTFORGOTTENCOAST.COM. - Limitation of Service.Through the Service, Book Direct Forgotten Coast LLC (“Book Direct Forgotten Coast”)
provides a venue for vacation rental property owners or managers (“Owners”) to advertise their rental
properties to potential renters, and for potential renters (“Renters”) to find a suitable vacation rental
property. Book Direct Forgotten Coast does not actively participate in any transaction between Owners and Renters, will
not be a party to, negotiate, or draft any rental agreement between Renters and Owners, or guarantee
or verify the accuracy of any information posted by the Owners. Book Direct Forgotten Coast does not guarantee the
transactions between the Renters and Owners will be completed nor does Book Direct Forgotten Coast guarantee the
satisfaction of the Owners or Renters regarding the quality of the rental. Book Direct Forgotten Coast does not own or
manage any rental advertised on this Site (except as disclosed in any advertisement of properties), is
not an agent of any Owner or Renter for any purpose, and is not a party to any agreement between the
Renter and Owner. It is the sole responsibility of each Owner and Renter to make whatever
investigation and take whatever precautions they deem necessary prior to interactions and transactions
with other Renters or Owners. You use the Service at your own risk. - Obligations of Owners and Renters.Owners are obligated to describe all properties and services
truthfully and accurately on the Site and to complete all transactions. Owners may be subject to legal
action by Renters if Owners fail to fulfill such obligations and may be suspended or prohibited from
accessing the Site and using the Service. Owners and Renters are solely responsible for complying
with all applicable laws and regulations applicable to their use of the Site and use of the Service,
including but not limited to zoning and permitting, payment of taxes, safety, accessibility,
discrimination, and fair housing. - Acceptable Content.Book Direct Forgotten Coast may, but is not obligated to, review, revise, and remove any content
provided through the Service and Site, at its sole discretion, including but not limited to content that is
obscene, illegal, offensive, defamatory, or includes content that may violate the rights of third parties
(including copyright rights). - Registration and Subscriptions.To register to use the Service, you will be required to provide
information, including your name, email address, and telephone number. By registering, you represent that you are over the age of 18 and have the right, authority, and capacity to enter into and perform
your obligations under this Agreement and the Privacy Policy.
Current subscription fees are set forth (in your proposal and/or on the Site). You may cancel your
subscription or advertisement on the Site at any time. Please note that subscription fees are billed
annually in advance and Book Direct Forgotten Coast will not refund any unused portion of any subscription fee.
- Ownership.The Service and Site, and all elements thereof, including but not limited to the logo and
use of “Book Direct Forgotten Coast” are and shall continue to be the property of Book Direct Forgotten Coast or its
content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary
rights. However, Book Direct Forgotten Coast claims no ownership of any rights to any content provided by Owner in
connection with advertising rental properties, including but not limited to photographs, videos, or
descriptions. Owners represent and warrant that they own or otherwise have the right to all of the
information they provide on the Site. By providing content to the Site, and using the Service, Owners
grant Book Direct Forgotten Coast royalty-free and non-exclusive license to use, distribute, reproduce, and display in
any format the content Owner provides on the Site. This license includes the right of Book Direct Forgotten Coast to
sublicense the rights Owners grant hereby to third parties who contract with Book Direct Forgotten Coast to market and
promote the Site and the Service. - Site Use.Book Direct Forgotten Coast grants you a limited, revocable, nonexclusive license to use this Site solely for
your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation
of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break
into the site, or use materials, products or services in violation of any law. The use of this website is at
the discretion of Book Direct Forgotten Coast and Book Direct Forgotten Coast may terminate your use of this website at any time. - Compliance with Laws.You agree to comply with all applicable laws regarding your use of the
website. You further agree that information provided by you is truthful and accurate to the best of your
knowledge.
10. Indemnification. By using the Site, Renters and Owners agree to indemnify, defend, and hold
Book Direct Forgotten Coast and our partners, employees, and affiliates, harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, related to your violation of this Agreement, any use of
the Site and Service, and any other cause(s) of action relating to the rental of any property advertised
on the Site.
11. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS
AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
BOOKDIRECTFORGOTTENCOAST DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED
TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW
LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR
SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO
DISCONTINUE USING THE SITE. - Limitation of Liability.UNDER NO CIRCUMSTANCES WILL BOOKDIRECTFORGOTTENCOAST BE LIABLE OR
RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL
(INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE
LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL
THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR
THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR
SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE
ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the
exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply
to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not
apply to you.
13. Use of Information. Book Direct Forgotten Coast reserves the right, and you authorize us, to use and assign all
information regarding site uses by you and all information provided by you in any manner consistent
with our Privacy Policy. - Copyrights and Notice.If you believe your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have otherwise been violated, please provide a notice
containing all of the following information to our Copyright Agent:
- (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest; - (b) A description of the copyrighted work that you claim has been infringed;
- (c) A description of where the material that you claim is infringing is located on the Site;
- (d) Your address, telephone number, and e-mail address;
- (e) 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; and - (f) 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.
Any notice of claims of copyright infringement on the Site shall be delivered to:
Will Shevlin, [email protected], 850-974-9789
15. Applicable Law. You agree that the laws of the state of Florida, without regard to conflicts of laws
provisions will govern these Terms and Condition of Use and any dispute that may arise between you
and Book Direct Forgotten Coast or its affiliates.
16. Severability. If any provision of this Agreement shall be adjudged by any court of competent
jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the
minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
- Waiver.The failure of Book Direct Forgotten Coast to exercise or enforce any right or provision of this Agreement shall
not operate as a waiver of such right or provision. Any waiver of this Agreement by Book Direct Forgotten Coast must
be in writing and signed by an authorized representative of Book Direct Forgotten Coast.
18. Termination. Book Direct Forgotten Coast may terminate this Agreement, or your use of the Site or Service, including
subscriptions, at any time, with or without notice, for any reason.
19. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be
construed to constitute either party as a partner, joint venturer, employee or agent of the other party,
nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume
or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or
implied, in the name of or on behalf of the other party, it being intended by both parties that each shall
remain independent contractors responsible for its own actions.
20. Entire Agreement. This Terms and Conditions of Use constitutes the entire agreement between you
and Book Direct Forgotten Coast and governs the terms and conditions of your use of the Site, and supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral or written, between you
and Book Direct Forgotten Coast with respect to this Site. Notwithstanding the foregoing, you may also be subject to
additional terms and conditions, posted policies (including but not limited to the Privacy Policy),
guidelines, or rules that may apply when you use the website. Book Direct Forgotten Coast may revise this Terms and
Conditions of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you
should visit the Site and review the Terms and Conditions of Use periodically to determine if any
changes have been made. Your continued use of this website after any changes have been made to the
Terms and Conditions of Use signifies and confirms your acceptance of any such changes or
amendments to the Terms and Conditions of Use.
21. Contact Information.
Book Direct Forgotten Coast
850-974-9789
Legal@bookdirectforgottencoast.com