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Terms and Conditions
Disclaimer
Thank you for visiting CottageExperience.ca. Please read the terms and conditions set forth below carefully as they contain the legal terms that govern your use of any Website or Web page operated (collectively "Website") or provided by The Cottage Experience Company. The terms and conditions may be modified by Cottage Experience from time to time in its sole discretion so please return to the terms and conditions every time you visit the Website to review them. Your use of the Website means that you accept any and all changes. If you do not agree with any of the terms and conditions you may not use this Website. By accessing or using the site, you agree to be bound by the terms and conditions described below.
Disclaimer of Warranty
Cottage Experience and its affiliates disclaim all express and implied warranties with regard to the information, services, and materials contained on this site, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. All Such information, services, and materials are provided "as is" and "as available" without warranty of any kind.
Limitation of Liability
Cottage Experience will not under any circumstances be liable to you or any other person for any damages whatsoever, including but not limited to, any direct, indirect, consequential, special, exemplary, or punitive damages or any damages for loss of use, production, income or profits (anticipated or otherwise), savings or goodwill, economic loss, or other intangible loss, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the website or the services (including the use, inability to use, or performance of the website or any services), and regardless of any negligence or other fault or wrongdoing by Cottage Experience, its employee's or representatives, and notwithstanding that Cottage Experience may have been advised of the possibility of such loss or damages being incurred or could have foreseen the possibility of such damages.
You expressly acknowledge that Cottage Experience has entered into this agreement, and has and will make the Website and services available to you, in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Cottage Experience. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy, or termination of this agreement.
Please note that the exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
Indemnification
You agree to defend, indemnify and hold Cottage Experience, its affiliates, suppliers, licensors, licensees, co-branders, information providers, service providers, partners, directors, officers, employees, agents and other related parties, harmless from and against any and all liabilities, claims, costs and expenses, including without limitation reasonable attorneys' fees and expenses, in connection with any claim or demand arising from, related to, or in connection with, your: (a) violation of this Agreement, (b) use of the Website or any of the Services, or (c) placement, posting or transmission of any message, information, software or other content on or through the Website. Further, you will assist and cooperate as fully as reasonably required by Cottage Experience in the defence of any such claim or demand.
Changes to Site
Cottage Experience may make improvements or changes in the information, services, products, and other materials on this site, or terminate this site, at any time without notice. Cottage Experience may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review the agreement every time you use the Website, and your continued access or use of this site shall be deemed your acceptance of the modified agreement. You acknowledge and agree that Cottage Experience will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.
No advice or solicitation
The Website and services are provided for advertisement and informational purposes only. The Website and services are not intended to be a comprehensive or detailed statement concerning any matters addressed, and should not be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of, any product or service. You should apply your own judgment in making use of any services or content provided on or through the Website, including, without limitation, the use of any information contained therein as the basis for any conclusions. You bear responsibility for your own research and decisions regarding the purchase of any product or service. Cottage Experience does not provide or guarantee any advice regarding the suitability or potential value of any particular product or service.
Errors or inaccuracies
Cottage Experience employs its reasonable efforts to provide current and accurate information on the Website but the Website will from time to time contain errors or inaccuracies. Cottage Experience makes no representation or warranty whatsoever regarding the accuracy of the information accessible on or through the Website, in particular any information regarding rental availability, rental/sale pricing, deals or other promotions for any product or service. Cottage Experience cannot guarantee that goods or services advertised on the Website will be available on any terms and conditions (including price) described on or through the Website at any time. Further, Cottage Experience reserves the right to change the content available on and through the Website at any time without notice and without incurring any liability to you or any other person.
Disclaimer of third party transactions and content (Listings)
The Website includes promotional information and advertisements relating to products and services of third parties ("Third Party" or "Third Parties") and may provide links to websites operated by third parties ("Third Party Site(s)"). Cottage Experience is an independent operation and does not endorse, and makes no representation or warranty in respect of: (a) any product or service of a Third Party; (b) any Third Party Site; or (c) any information, content, product or service available on or through a Third Party Site. Any correspondence, advertisement, purchase or promotion in relation to a Third Party, including without limitation the delivery of and the payment for Third Party products and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable Third Party. Cottage Experience has no liability, obligation or responsibility in relation to any such correspondence, purchase, promotion or other dealing between you and any such Third Party. Cottage Experience provides links to Third Party Sites and Company's only as a convenience.
Cottage Experience has no control over, and is not responsible for, any Third Party Sites, or other linked sites, or any conversations that may arise with a business or company through a link on our Website, and their content. You agree that it is your responsibility to review and evaluate all the content on such Third Party Sites, and that any and all risk associated with the use of, or reliance on, such content rests with you. Links (both click and to call or email do not imply that Cottage Experience sponsors, endorses, or is affiliated or associated with any Third Party, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links. Cottage Experience shall not be responsible or liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any content on any Third Party Site. Without limiting the foregoing, as between you and Cottage Experience, the provisions of this Agreement under the sections headed Disclaimer, Limitation of Liability, and Indemnity apply, with all necessary modifications, to your dealings with any Third Parties and/or access to, and use of, any Third Party Sites.
You are responsible for conducting your own investigation regarding any and all claims made by potential renters and vacation property owners. You assume all liability for use of any information you find on the Website. Owners are responsible for the accuracy of the information on their web pages. It is the sole responsibility of the potential renter to ascertain the validity of each property. Cottage Experience is not responsible for renters of any property. It is the sole responsibility of the owner to validate the qualifications of the potential renters. Cottage Experience takes no responsibility for the validity of the photos on its site. Owners who upload photos for their listing assert that the photos are their own property and these same owners have the publishing rights to said photos.
Right to Terminate Service
If you breach any provision of this Agreement, you may no longer use the Website. Cottage Experience may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Website or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person. If this Agreement or your permission to use the Website is terminated by you or Cottage Experience for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website and anything connected with, relating to or arising from such use. If you are dissatisfied with the Website, any of the Services, or with this Agreement, including any terms, conditions, rules, policies, guidelines, or practices of Cottage Experience in operating the Website and the Services, your sole and exclusive remedy is to discontinue using the Website and the Services. The Disclaimers, Limitation of Liability, and Indemnity provisions in this Agreement shall survive any termination of this Agreement.
Cottage Experience reserves the right to cancel any listing and or advertisement at its sole discretion and for any reason. This includes, by is not limited to cases where complaints have been received from renters regarding the validity of the listing.
Copyright
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Website (except for listing pictures), and the selection, coordination, and arrangement of such content, are owned by Cottage Experience to the full extent provided under the Canadian copyright laws and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, storing in any retrieval system or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of Cottage Experience or any third party.
The Website and the information contained therein is for informational purposes only. Any reproduction, distribution, display, performance, copying, or redistribution for commercial purposes of any materials or design elements of the Website is strictly prohibited, without the prior written consent of Cottage Experience.
Links
This Website may contain links to other services or sites ("Linked Services"). The Linked Services are independent of Cottage Experience and are not under the control of Cottage Experience. Cottage Experience is not responsible for the contents of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. Cottage Experience provides Linked Services to you only as a convenience, and the inclusion of any such Linked Services is not an endorsement by Cottage Experience in favour of any company offering Internet services, products or services on the Linked Services. You access and use such sites, including information, material, products and services therein, solely at your own risk.
Cottage Experience permits other websites to link to the Website but the framing of the Website or any of its content in any form and by any method is strictly prohibited. Further and notwithstanding the foregoing, Cottage Experience reserves the right to cancel and revoke the permission to any party to link to the Website at any time, for any reason, without any notice, and without any liability to such party or any other person. If you have any questions about linking to the Website, please contact info@CottageExperience.ca.
Governing law and jurisdiction
CottageExperience controls and operates the Website from its office in Oakville, Ontario, Canada and makes no representation that the materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all Services and other materials found on this Website are solely directed to individuals, companies or other entities located in Canada. If you use this Website from outside Canada, you are entirely responsible for compliance with applicable local laws. This Agreement, your use of the Website, and all related matters shall be governed solely by the laws of the Province of Ontario, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in relation to all disputes arising from or related to this Agreement, your use of the Website and any related matters.
Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so in the privacy policy. You in turn agree and consent to the terms of the privacy policy by your use of the Website.
