Terms & ConditionsPlease review these terms and conditions carefully. If you do not agree to these terms and conditions, you may not access or otherwise use this Site. The terms “Caddpros”, “Adventure Pads”, “Adventurepads.com”, the “Site”, “we”, “us” and “our” all refer to adventurepads.com a Web site owned by Caddpros, Inc., a California incorporated company. The terms “Renter” or “User”, “you” and “your” are used to refer to the customer visiting the Web site and/or contributing content on this Web site. The term “Property Manager” is used to refer to any entity that offers or provides a vacation rental property through the Site.
1. Agreement. This Agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of adventurepads.com (the “Site”), a Web site owned by Caddpros, a California incorporated company and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Caddpros upon posting of the modified agreement. Any such modifications shall be effective immediately. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
3. No Investigation by Caddpros. All information regarding rentals is supplied by the owners of that property or their agents and the accuracy of that information is the sole responsibility of the property owner and their agents. Caddpros does not assume any duty or obligation to investigate or otherwise verify the information provided by property owners or their agents.
4. Ownership. All content included on this site is and shall continue to be the property of Caddpros or its content suppliers and is protected under applicable copyright, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.
5. Grant of License. By submitting an advertisement, listing or content associated with said listing or advertisement to adventurepads.com you represent that you own the right to use content associated with said listing or advertisement and grant a worldwide, royalty free, non-exclusive license to use, distribute, reproduce, modify, adapt and publicly display such an advertisement, listing or content associated with said listing or advertisement on this web page. Said license shall continue in perpetuity and shall not terminate on the cancellation or expiration of the advertisement or listing.
6. Right to Edit, Restrict or Terminate. Caddpros, in its sole discretion and without liability for doing so, may terminate or restrict any user’s access to this web site at any time and without notice.
7. Trademarks. Caddpros, Adventure Pads, adventurepads.com and the Adventure Pads logo are either common law trademarks or registered trademarks of Caddpros. Other product and company names mentioned on this Ste may be trademarks of their respective owners.
8. Site Use. Caddpros grants you a limited, revocable, nonexclusive license to use this site solely for your own personal, non-commercial 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.
9. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the web site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
10. Indemnification. You agree to indemnify, defend and hold Caddpros 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 or use of the Site.
11. No Warranty.
(a) THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(b) YOU ACKNOWLEDGE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU ACKNOWLEDGE THAT BY SUBMITTING COMMUNICATIONS TO US AND BY POSTING INFORMATION ON THE SITE, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
12. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL CADDPROS 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.
13. Release. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE AND ANY MEMBER OF THE HOMEAWAY GROUP, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
15. Links. This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third-party sites or the contents thereof.
16. No Agency. Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site. WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION. We do not own nor can we contract for any vacation rental property listed on the Site. Instead, the Site acts as a venue to allow a property manager to offer for rent, or rent, in a variety of pricing formats, a specific vacation rental property to potential renters. We are not involved in the actual transaction between renters and property managers even though we may from time to time provide tools, such as electronically delivering inquiries, that assist a renter in entering into a transaction to lease a specific property directly from the property manager of that property. As a result, the quality, safety or legality of the properties advertized, the truth or accuracy of the listings (including the content of any property or property review), the ability of property managers to rent vacation property or the ability of renters to pay for vacation rental properties are solely the responsibility of each user.
17. Responsibility for user-contributed content. We have no duty to pre-screen content posted on the Site by members, travelers or other users (including, without limitation, blog entries and property review entries for any particular rental property), (collectively, “user-contributed content”), and we are not responsible for user-contributed content. We do, however, reserve the right to decline to permit the posting on the Site of, or to remove from, any user-contributed content that fails to meet our content guidelines. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user that such content is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any law
18. Duty of Property Managers and Advertisers.
(a) Our services may only be used by property managers who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
(b) Each property manager further represents and covenants that any information submitted to the Site during such property manager’s registration with the Site shall be true and correct. Property manager further agrees to provide notice to the Site by updating their user profile regarding any changes to contact information previously submitted by property manager to the Site. As a condition of listing each property manager agrees to provide proof of identity, proof of ownership, and proof of right to list properties as we may request.
(c) Each property manager further represents and covenants that: (i) it owns and/or has all necessary rights and authority to offer for rent and to rent the property listed by such member; (ii) it will not wrongfully withhold a rental deposit in breach of the underlying rental agreement; (iii) that it will accurately describe the subject rental property and will not fail to disclose a material defect in a rental property; (iv) that it will not wrongfully deny access to the listed property; and (v) that it will not fail to provide a refund when due in accordance with the underlying rental agreement. Upon our request, each property manager agrees to promptly provide to us such proof of personal identification, proof that the condition, location, or amenities associated with the property are accurately described in the listing, proof of ownership of the property listed on the Site, and/or proof of authority to list the property as we may request.
(d) You represent and warrant that (i) you own and control all of the rights to the content, including text, descriptions, photos and any other content that you post or otherwise distribute regarding the Listings, or you otherwise have the lawful right to post and distribute such content to or through the Website; (ii) such content is accurate and not misleading (including, without limitation, descriptions, features, availability and rental pricing, and pictures (whether supplied by you or authorized by you to be taken by Caddpros from another web site or service); and (iii) use and posting or other transmission of such content does not violate this Agreement and will not violate any rights of or cause injury to any person or entity.
(e) Caddpros reserves the right, without any type of reimbursement and in its sole discretion to reject, edit or remove part or in whole, any information in any property listing from this web site. You, hereby, expressly agree to release and hold us harmless from any loss or liability that may arise from such a decision. Property owners may cancel their rental listing at any time. Property owners must cancel their rental listing as soon as that listing is no longer available on the market as a viable listing.
(f) Listings, once posted, will remain active until otherwise disabled by you, the property manager. A property can be disabled by use of the functionality provided in the property manager administration section of the Site. Once the property is disabled, it will be removed and will no longer display on the Site.
(g) Property owners, advertisers or their agents advertising their property on the site are solely responsible for verifying the accuracy of information in their advertisement or listing. Caddpros assumes no responsibility for typographical errors in the information included in the advertisement or listing.
(h) It is the sole responsibility of property owners, advertisers and their agents to determine the suitability and credit worthiness of potential renters prior to any transaction.
(i) Property owners, advertisers and their agents agree that they will not use this site to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any law.
(j) You acknowledge that: (i) you will be responsible for adhering to all local regulations including, but not limited to, permits, licenses, zoning regulations, occupancy taxes, and safety compliance; (ii) Caddpros is not a property management company; (iii) prospective renters will contact you directly using the email contact, booking or payment forms or the contact information provided with the Listing; (iv) Caddpros is not responsible for renters of property (it is your responsibility to validate the qualifications of the prospective renters and rent a Listing on terms and conditions acceptable to you); and (v) Caddpros may, at no additional cost to you, license third-party web sites to advertise the Listings in order to maximize the visitors to your listing.
19. Renter’s Duty. Renters assume sole responsibility for confirming information before contracting with property owners, advertisers or their agents.
20. Contract Between Property Owners and Renters. Caddpros is not and shall not be a party to any transaction between property owners and renters. Caddpros is not responsible for the refund or cancellation policy of any property advertised on this site.
21. Views and Opinions. The information on this web site may include opinions and views which, unless expressly stated otherwise are not those of Caddpros.
22. Applicable Law. You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern these Terms and Conditions of Use and any dispute that may arise between you and Caddpros or its affiliates.
24. 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.
25. Contact Information:
Caddpros, Inc. may be contacted at firstname.lastname@example.org