Welcome to HomeTrade.com (the "Club"). By registering with this website and using this website and its associated websites, you are agreeing to become a Member of a club which allows you to access a directory of information posted by other Members. This is to enable you and other Members to contact one another for the purpose of facilitating a home trade. The service provided by the Club is limited to providing Members a published directory of information for use by the Club Members.
YOU MAY NOT USE THE SERVICE IF YOU ARE UNDER THE AGE OF 18 OR YOU ARE NOT ABLE TO FORM LEGALLY BINDING CONTRACTS, OR IF YOUR MEMBERSHIP HAS BEEN SUSPENDED BY US. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE REGISTERING FOR THE SERVICE. BY REGISTERING FOR THE SERVICE, YOU BECOME A HOME TRADE MEMBER (A "MEMBER"), AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT FOR AS LONG AS YOU CONTINUE TO BE A MEMBER.
By continuing to access or use this website, or any service on this website, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. The Club reserves the right to amend, remove, or add to these Terms and Conditions at any time without notice. Such modifications shall be effective immediately. Accordingly, please continue to review these Terms and Conditions of use whenever accessing or using this site. If you do not agree with all of the terms of this Agreement, do not register for the service and you may not access or use any part of this service.
In this Agreement the following terms have the following meanings unless the context requires otherwise:
"Agreement" means the agreement between You and Us incorporating these Terms and Conditions of use, as amended from time to time in the manner set forth herein;
"We, Us, Our" means the Club; and
"You, Your, Yourself" means the person who registers for the service, accepts the Terms and Conditions of this Agreement and whose application for membership of the service is accepted by Us.
• The Club is only responsible for publishing Listings on the Club website.
• The Club relies on the integrity and responsibility of the Listing parties.
• The Club does not verify the existence or content of any property and does not guarantee an exchange of any kind. The Club is not responsible for the accuracy of the home Listings or the actions of Members, and claims no responsibility for the accuracy, content, or availability of information accessed or linked to through use of this service.
• Members and users of all Club services take sole responsibility for any and all Agreements reached through use of this site.
CODE OF CONDUCT
As a user of this website, you agree:
• I will accurately describe my home and exchange opportunity or rental in all correspondence. This includes an accurate description of the type, number and size of rooms. Any interior or exterior photos posted must be of the property offered for exchange or rental, unless specifically indicated otherwise. Omissions of relevant descriptions may be considered the same as an inaccurate description and subject the Member to removal from the website.
• I will only post information for one property on each Listing
• I will not use the website or my Listing to offer other properties once contact is made with other Members
• I will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through this service, other than the posting of my home for exchange or rental. Listings shall not contain any type of advertising or solicitation other than an offer to exchange or rent in accordance with the terms of this site. No inquiries or responses between Members shall contain any type of advertising or solicitation other than discussions relating to the exchange or rental of a Member’s home in accordance herewith.
• I will leave my house in a clean and sanitary condition for my exchange partner
• I will treat other Members and their property with courtesy and respect. I will treat my exchange partner's home and belongings as I would treat my own, and expect them to do the same. I will leave their home in as good or better condition than I found it.
• I will notify my exchange partner or the vacation rental owner of any damage and I will offer to replace, repair or pay for same.
• I will honor all obligations I make relative to the exchange or rental. Canceling or otherwise changing the dates of the exchange will only happen under the most compelling of circumstances. Understanding that my exchange partner has made plans and reservations based on my commitment to the exchange, if I am forced to cancel or change the exchange, I will make every effort to otherwise accommodate or find accommodations for my exchange partner.
• I understand that the Club offers opportunities and experiences not available in an ordinary tourist exchange, and I am aware of the small obstacles that may be presented when dealing with personal, cultural and language differences.
• I will not provide false or misleading information to the Club or its Members.
• I will not use this website to violate any applicable law.
• I will not upload or transmit any files that contain viruses, corrupted files, Trojan horses, malicious code, or any other similar software or programs that may harm the operation of another's computer or gain otherwise unauthorized access to the computer.
• I will not post or send any content or engage in any conduct that subjects the Club to any threat of civil or criminal penalties.
• I am responsible for conducting my own investigation regarding any and all claims made by prospective exchangers, renters or vacation property owners or agents.
• I assume all liability for use of any information I find in the Club website or it's affiliate websites.
• I understand that the operators of the Club assume no responsibility and in no way warrant the accuracy of the information contained in any of the pages published here.
• I have the authority to enter into this agreement, to post my Listing and to offer it for exchange or rent.
• I am responsible for investigating and adhering to all local regulations including, but not limited to, permits, licenses, occupancy taxes, zoning, rules and restrictions applicable to co-ops, condominiums and other common interest developments, and safety compliance.
You are solely responsible for your relations and exchanges with other Members. You understand that the Club does not in any way screen its Members, nor does the Club inquire into the backgrounds of its Members or attempt to verify the information posted by its Members. The Club makes no representations or warranties as to the conduct of Members or the adequacy of their homes or whether exchanges comply with local rules or laws. In no event shall the Club be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this service. You agree to take reasonable precautions in all interactions with other Members of the service. You understand that the Club makes no guarantees, either express or implied, regarding the homes you rent or for which you exchange through the service.
You are solely responsible for the content or information you publish or display ("post") on the service, or transmit to other Members. You will not post on the service, or transmit to other Members or to us or our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not include in any post any offensive language. We reserve the right, but we have no obligation, to reject any information or photo that does not comply with the prohibitions set forth in this section. We reserve the right to refuse service to anyone, at our sole discretion.
USE OF SITE IS SOLELY FOR DIRECT HOME TRADE OR RENTALS BETWEEN MEMBERS
You agree that we have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by our service. You acknowledge that features, parameters or other services we provide may change at any time. You acknowledge that we reserve the right to sign out, terminate, delete or purge your account from the service if it is inactive. "Inactive" means that you have not signed in to the service for a particular period of time, as determined by us, in our sole discretion.
This Club website and all content contained therein, is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Club website is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual elements making up the site are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the site. Copying any content from this site that was created by another to any other site, or reselling, distributing, or publishing that content in any way is prohibited. Any violation of this paragraph shall subject the violator to severe penalties including a minimum of $500 per Listing copied and you shall indemnify and hold the Club harmless from and against any and all costs and damages incurred by the Club as a result of such violation. Any photos or descriptions submitted become the property of the Club and may be used for promotional or other purposes by the Club
You represent and warrant to us that the information posted by you including any photographs, is posted by you and that you are the exclusive author of the information and the exclusive owner of the photographs. You assign to us, with full title guarantee, all copyright with respect to any information and photographs which you post, and any additional information sent to us at any time in connection with your use of the service. You waive absolutely any and all rights to be identified as author of the information and owner of your photograph(s) and any similar rights in any jurisdiction in the world. In addition, other Members may post copyrighted information, which has copyright protection, whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given express written permission. You agree not to upload, post, or otherwise transmit any content or information protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. You are responsible for determining whether content or information is protected by copyright, trademark, trade secret, right of publicity or other proprietary right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. By posting information, photographs or content on the service, you automatically grant, and you represent and warrant that you have the right to grant, to us and other Members, free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish and distribute such information, content and photographs and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
The personal information you provide to us will be stored on computers and/or servers. You consent to the use of this information to create a profile of interests, preferences and browsing patterns and to allow you to participate in the service. You also agree to read, review, comply with, uphold and maintain our Privacy Statement and the terms and conditions thereof. If you are located outside of the United States, please note that the information that you provide is being sent to the United States. By becoming a Member, you consent to your data being sent to the United States and to such other third parties and jurisdictions as may be involved in the provision and operation of the service. We may distribute content internationally, at our discretion, as data may not be strictly maintained solely in United States facilities.
ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS
By becoming a Member, you represent and warrant that you are at least 18 years old. By using the service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your Membership for the service is for your sole, personal use. You may not authorize others to use your Membership, and except as otherwise expressly provided in the Section entitled “Right to Assign” below, you may not assign or otherwise transfer your account to any other person or entity.
Disputes arising out of or relating to the exchange of properties shall be tried to be resolved first by amicable discussion between the exchange partners. If amicable discussions fail, the Club may hear the arguments and may make suggestions for settlement, but we have no obligation to do so. Unresolved disputes may result in termination of Membership.
RIGHT TO TERMINATE MEMBERSHIP
The Club reserves the right to cancel any Membership for any reason, including misuse of the site, any action we feel compromises the security of the site, any action that adversely affects other Members or their property, or any action we feel is detrimental to the Club. We further reserve the right to cancel your Membership if we determine, in our sole discretion, that you have violated this Agreement or our posted Privacy Statement. If any information provided by a Member is found to be grossly misrepresented, or should the Member's Listing(s) or actions be in violation of any law or any provision of this Agreement, the Club reserves the right to remove, at its discretion, the Members' Listing(s) at any time, and/or to terminate the Member's access to the website, without refund. The Club may also terminate any Listing or Membership at any time for any other reason or for no reason at all at the Club's sole discretion, in which case the Member will be entitled only to a pro rata refund of any fee paid. No refunds or partial refunds will be offered.
RIGHT OF MEMBER TO TERMINATE
Members may “hide” or “unhide” their listing at any time and at no charge by logging in to their Member Page and choosing that option. Should a Member choose to terminate their Listing or account, they may do so by contacting Customer Service. Refunds will not be given when Members so terminate their Listings or accounts.
DISCLAIMER AND LIMITATION OF LIABILITY
Use of the the Club website and any information obtained from that site is at your sole risk. The Club makes no warranty of any kind, express or implied, as to the Listings on the website or any other information contained on the site, including, but not limited to, accuracy and non-infringement. You agree that the Club shall have no responsibility or liability for any direct or indirect injury or damages arising in connection with your use of the Club website, including without limitation any physical injury suffered on any Listed property or at the hands of, or by the negligence of any Club Member or other person, and any damages to your property. The Club shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against the Club by any other party. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE CLUB, ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF THE CLUB HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TERMS OF SERVICE. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall the Club be liable for any amount in excess of the Membership fees paid by the Member.
You agree that it is your responsibility to keep a backup copy of any text, images, or other submitted materials on your own computer system or backup device.
You agree to indemnify and hold harmless the Club, its officers, directors, shareholders, and agents, from any injury or damage suffered directly or indirectly as a result of your use of the Club home Listing service, including but not limited to (i) any claims for injury or damage to person or property arising from a property you own; (ii) any claims for injury or damage to person or property arising from a property transaction to which you are a party; (iii) a violation of the Terms and Conditions of Use by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any property right of any third party; (v) any misrepresentation by you; or (vii) any breach of any Agreement to be performed by you. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. The Club cannot and will not act as a mediator or arbitrator in any dispute arising from the use of the Club website.
Any disputes arising from the use of the Club or Affiliate websites must be settled between the parties who directly participated in the exchange, rental, hospitality, house sitting or other use of the property in question. The Club cannot be held responsible for any events that occur as a result of any home trade or rental that is or was Listed on the Club website. The Club may attempt to mediate disputes without assuming any responsibility for subsequent resolution or failure to resolve. The Club may, at its sole discretion, terminate or suspend temporarily or permanently the Memberships of any Members involved in a dispute. No refunds will be provided in the event of such suspension or termination.
It is the responsibility of Members to verify their own insurance coverage and the coverage provided by their exchange partner, including auto, property and liability.
If you have a dispute with one or more of our Members, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
RIGHT TO ASSIGN
The Club may assign its rights to this Agreement without the Members' consent. If the Club assigns its rights, is sold to another entity, or enters into an agreement with another company to share listings, the Club or its successor will give notice to the Member who may opt out by terminating his or her Membership.
LEGAL ACTION AND ENFORCEMENT OF THIS AGREEMENT
If a dispute arises between any Member or user of the website and either the Club and/or the Plan Administrator, any legal action will be brought exclusively in Dallas, Texas, United States of America, in accordance herewith and the laws of Texas shall apply without regard to any other choice of law considerations. Any dispute between such parties, which arises out of or is related to this Agreement, shall be resolved by BINDING arbitration conducted by a retired judge of the superior court or an impartial person chosen from a list supplied by the American Arbitration Association, to hear this matter in Dallas Texas, using the American Arbitration rules of Commercial Arbitration. The parties shall be bound by the results of BINDING arbitration. The parties shall initially both bear their own costs of the arbitration. The prevailing party in any BINDING arbitration or Court action arising out of or relating to this Agreement shall be entitled to recover costs, expert witness fees, attorneys' fees and arbitrator’s fees.
These Terms and Conditions of Use constitute the entire Agreement between you and the Club, and supercede any and all prior Agreements, whether oral or written, except as expressly provided. This Agreement may not be modified, supplemented, or changed, and no provision herein may be deemed waived, in whole or in part, except by a written instrument. If any provision of these Terms and Conditions of Use is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions shall remain in force.
TRANSFER OF LISTING
If you sell your property or move, you can transfer your Club Listing to a new property owner for free.
The Club does not participate in or tolerate the sending of Unsolicited Commercial Email (SPAM) The Club reserves the right to cancel (without refund) any Member that mentions the Club or any of its associated websites, URLs, or any associated Club email address in any SPAM e-mail message. The Club reserves the right to cancel (without refund) any Member that uses the Club to send any solicitations other than personal exchange requests or replies
MONITORING OF INQUIRIES
Inquiries may be monitored and filtered by the Club prior to delivery to Club members. Inquiries may be read by Club staff members. Despite Club efforts it is possible that some SPAM inquiries will be delivered, and also that some non-SPAM inquiries may not be delivered. The Club cannot be held responsible for undelivered inquiries or for missed income as a result of undelivered inquiries.
The Club reserves the right to reject or edit any Listing submitted at our sole discretion. Once material has been submitted, edited and posted on the Club website, it becomes the property of the Club and its Affiliated sites and may not be copied from the Club website without written permission.
All members are expected to follow our Acceptable Content Policy which states the following:
• There are specific locations for the inclusion of web addresses (also referred to as "links" or URLs) and e-mail addresses in the Club Listings. All web addresses or links must be approved and must reside only in the authorized URL section of the Listing. Email addresses and other contact information must reside only in the authorized locations within the Listing. All other references to specific web addresses, websites, email addresses or phone numbers may be removed without notice.
• Listings may not contain vulgarity, or comments related to violence, hate, or references of a sexual nature. All such references are not considered acceptable content and may be removed without notice. In the case of disputed content, the Club will be the final judge as to the appropriateness of the content.
Opinions, advice, statements, offers, or other information or content made available through the service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE, NOR ARE WE RESPONSIBLE FOR, THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US. UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY PERSON'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS.
WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE EMAIL MESSAGES. EMAILS SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC MAY BE REVIEWED BY US FOR COMPLIANCE WITH THIS AGREEMENT, BUT WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.
By using or continuing to use the services of the Club, I agree to the terms and conditions of this Agreement.