Terms of Service and Use

Terms of Service and Use

Welcome to Your Vacation Home,  The following terms and conditions form a binding agreement between you (the “User”, “Visitor”) and Your Vacation Home. 
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THIS Website AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.  IF YOU ARE ACCESSING THIS Website OR USING THE SERVICES ON BEHALF OF AN ENTITY OR BUSINESS, YOU WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR BUSINESS TO THESE TERMS OF USE.  IF YOU OR THE ENTITY DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS Website OR THE SERVICES.

Terms of Use

Welcome to Your Vacation Home web website.  Please review the terms and conditions  and use carefully, as they govern your use of our website.
 The following terms and conditions of use are an agreement (the “Agreement”) between Your Vacation Home and you. Your use of this website constitutes your agreement to follow and be bound by the Agreement. We reserve the right to modify this Agreement at any time in our sole discretion without prior individual notice. Any modifications to this Agreement will be posted on this website. For this reason, we encourage you to review the Agreement whenever you use any of this website. You can tell when this Agreement was last modified by checking the “last updated” date that appears at the bottom of the this Agreement. If you do not agree to these terms, please do not use this website.

Right to Change this Website


We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue this website or any service, content, feature or product offered through this website, with or without notice; charge fees in connection with the use of this website; modify and/or waive any fees charged in connection with this website; and/or offer opportunities to some or all users of this website. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of this website, or of any service, content, feature or product offered through this website.

Website Contents


Unless otherwise noted, this website, and all materials on this website, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trade-marks, and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Your Vacation Home.  
This website and the contents are intended solely for personal, non-commercial use. You may download or copy the contents displayed on this website for your personal use only. No right, title or interest in any downloaded content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the contents or this website.

Personal Information Submitted Through this Website

Your submission of personal information through this website is governed by our privacy policy, which can be reached by clicking on the “Privacy Policy” link located in the footer section of this website. This agreement incorporates by reference the terms and conditions of the Privacy Policy.

Links to Other Web Websites and Services


This website contains links to other web websites that are not under the control of Your Vacation Home.  Neither Your Vacation Home nor any of its affiliates have any responsibility for the linked web websites nor does linking constitute an endorsement of any linked web website. Links are provided solely for the convenience and information of this websites users.

User Reviews and Comments

Your Vacation Home welcomes your reviews regarding our products and services but shall be under no obligation to maintain any reviews in confidence;  to pay compensation for any reviews or ideas; or to respond to any comments. Your Vacation Home has the right but not the obligation to monitor and edit or remove any reviews.  You agree that your reviews will not violate any right of any third party, including copyright, trade-mark, privacy or other personal or proprietary right. You further agree that your reviews or comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Your Vacation Home, its affiliates or other third parties as to the origin of any comments. You are solely responsible for any reviews or comments you make and their accuracy. Your Vacation Home takes no responsibility and assumes no liability for any reviews or comments posted by you or any third party.

Errors and Omissions

Occasionally there may be information on our website that contain typographical errors, inaccuracies, or omissions that may relate to descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on this website is inaccurate at any time without prior notice (including after you have submitted an inquiry).


Tax Policy


Tax charges are based on applicable federal, provincial and harmonized sales tax rates based on the delivery address associated with your order.  If you have questions about the sales taxes, please contact us anytime.

Accommodation Images

We have made every effort to display as accurately as possible, the accommodations that appear on this website. We cannot guarantee that the accommodations have or will not change before your visit.

Promotions

In addition to the terms and conditions of this Agreement, any promotions made available through this website may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control.


Disclaimer


Neither Your Vacation Home nor any of its affiliates represent or warrant that this website, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access this website do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit this website’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
THE CONTENT OF ‘Your Vacation Home.ca‘ IS PROVIDED “AS IS” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A

PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
NEITHER ‘Your Vacation Home’ NOR ANY OF ITS AFFILIATES WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS Website AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Your Vacation Home AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY DUTY TO UPDATE OR REVISE THE CONTENT OF THIS WEBSITE, ALTHOUGH WE MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THIS WEBSITE. Your Vacation Home AND/OR ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.

Limitation of Liability


YOU EXPRESSLY UNDERSTAND AND AGREE THAT Your Vacation Home AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THIS WEBSITE; OR (F) ANY OTHER MATTER RELATING TO THIS WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THIS WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE.

Indemnification


You agree to defend, indemnify and hold Your Vacation Home and its affiliates and each of their respective officers, directors, employees, shareholders, agents and representatives harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of this website and/or your breach of any representation, warranty, condition or other provision of the Agreement.

Disputes


Because of the high cost of litigation, not only in dollars but also in time and energy, both you and Your Vacation Home agree to the following dispute resolution procedure: Except to the extent prohibited by applicable law, in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on this website, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.
 Notice shall be sent to:
 Your Vacation Home, to you at your last-used address that you provided.
 To the maximum extent permitted by law, both you and Your Vacation Home agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.

Choice of Law and Jurisdiction


To the maximum extent permitted by law, this Agreement shall be construed in accordance with the laws of Canada, as applicable therein, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the Provincial Courts in Ontario, Canada.

General


The waiver of any provision of the agreement shall not be considered a waiver of any other provision or of Your Vacation Home’s right to require strict observance of each of the terms herein. If any provision of this agreement is found to be unenforceable or invalid for any reason, that provision shall be servable, and all other provisions shall remain in full force and effect. This agreement constitutes the entire agreement between us relating to your use of this website.
Your Vacation Home may assign its rights and obligations under the agreement. The Agreement will inure to the benefit of Your Vacation Home’s successors, assigns and licensees.

Termination


These terms are effective unless and until terminated by either you or Your Vacation Home. Your Vacation Home also may terminate this agreement at any time without notice, and accordingly may deny you access to this website, if in our sole judgment you fail to comply with any term or provision of the agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

Last updated May 1, 2017.