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We may revise and update this Agreement from time to time. If you are a registered user, we will attempt to inform you of any material changes by notification to the email address you have provided as part of your registration information.
OBLIGATIONS OF CuddlyNest, OWNERS, AND RENTERS
What We Don't Do: CuddlyNest does not verify or guarantee the truth or accuracy of any information posted by any Owner with regard to the existence, availability, authenticity, quality, or sufficiency of any property listed on the Service. CuddlyNest does not and cannot guarantee that transactions entered into between Owners and Renters will be completed. CuddlyNest does not own or manage any property advertised on the Service, is not the agent of any Owner or Renter for any purpose, and is not a party to any agreement between any Owner and any Renter. CuddlyNest does not, and is under no obligation to, review, screen or investigate the background of any Owner or Renter.
Obligations of Owners and Renters
Dealings between Owners and Renters, and any other terms, conditions, representations or warranties associated with such dealings, are between such Owners and Renters exclusively and do not involve CuddlyNest. It is the sole responsibility of each Owner and Renter to make whatever investigation and take whatever precautions they may deem necessary or appropriate prior to interactions and transactions with other Owners or Renters, whether online or in person. You use the Service at your own risk.
As an Owner, it is your obligation to truthfully and accurately describe all properties you advertise through the Service, and to complete all transactions and fulfill all associated obligations. You agree and acknowledge that your failure to fulfill such obligations may subject you to legal action by a Renter, and the suspension or termination of your access to the Service.
Owners and Renters are solely responsible for complying with all applicable laws and regulations applicable to their use of the Service and any transactions they may enter into, including but not limited to laws and regulations in connection with the collecting, reporting, and payment of taxes, zoning and permitting, safety, accessibility, discrimination, and fair housing.
You are solely responsible for maintaining the security and confidentiality of the username and password you have selected during the registrations process, and for any and all activity on your account. In no event will CuddlyNest, its officers, directors, employees, agents, or affiliates, have any liability for any activity which may occur under your account You agree to notify CuddlyNest immediately if you suspect any unauthorized use of or access to your account.
Disclaimer: Service use rates are subject to change without notice. CuddlyNest will always strive to provide owners with the best competitive rates for service use.
LICENSE TO USE
You will not use the Service in any manner or for any purpose that violates any applicable law or regulation, or any term of this Agreement. You will not (i) access or attempt to access any account that you are not authorized to access, (ii) modify or attempt to modify the Service in any manner or form, (iii) copy, distribute, or create derivative works based on the CuddlyNest Content (as defined below), (iv) impair the Service or any other person's use or enjoyment of the Service, including but not limited to, by trespass or burdening network capacity, or (v) sublicense, sell, resell, or otherwise convey the Service, the CuddlyNest Content, or any elements thereof.
ACCEPTABLE CONTENT POLICY
We may, but are not obligated to, review, revise, and remove any advertisement, or the content of any advertisement, at our discretion. In particular, we reserve the right to remove or revise any advertisement which includes Owner Content (as defined below) which we in our sole discretion deem unacceptable, including but not limited to Owner Content which (i) is obscene, offensive, illegal, or pornographic, (ii) is defamatory, (iii) violates the rights, including copyright rights, of any third party, or (iv) includes unauthorized email addresses, telephone numbers, or links to third party websites or services.
CuddlyNest and the CuddlyNest logo are trademarks or registered trademarks of CuddlyNest. All other trademarks or registered trademarks used on CuddlyNest are the property of their respective holders. The use of company names, product names and logos or images on the Service does not necessarily constitute an endorsement of the named company or products by CuddlyNest.
By posting Owner Content to the Service, you grant CuddlyNest and its affiliates a worldwide, royalty free, non-exclusive license to use, distribute, reproduce, modify, adapt, creative derivatives works from, publicly perform and/or display in any format or medium the Owner Content on and through the Service. This license includes the right of CuddlyNest to sublicense the rights you grant to us to third parties, including but not limited to affiliates, whom we have contracted or engaged to market and promote the Service.
- Your name, address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
- The URL(s) or a description of where on the Service the material you claim is infringing is located.
- A written statement by you that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Email: [email protected]
DISCLAIMER OF WARRANTIES
CuddlyNest DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR.
CuddlyNest DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION OR DISPLAYED ON THE SERVICE WILL BE AS REPRESENTED BY OWNERS, AVAILABLE FOR RENTAL, LAWFUL TO RENT, SAFE TO RENT, OR THAT OWNER OR RENTERS WILL PERFORM AS PROMISED.
CuddlyNest MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF CuddlyNest. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CuddlyNest DISCLAIMS ANY AND ALL SUCH WARRANTIES.
LIMITATION OF LIABILITY
BECAUSE CuddlyNest IS NOT INVOLVED IN TRANSACTIONS BETWEEN OWNERS AND RENTERS, IF A DISPUTE ARISES BETWEEN AN OWNER AND RENTER, THE OWNER AND RENTER EACH RELEASE CuddlyNest, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US FOR ANY DISPUTE OR CLAIM WITH OR AGAINST US OR ANOTHER USER OF THE SERVICE WITH RESPECT TO THESE TERMS OR THE SERVICE IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, CuddlyNest'S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO CuddlyNest IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
You agree to indemnify, defend, and hold harmless CuddlyNest, its officers, directors, employees, and agents from and against any and all claims, losses, costs, liabilities, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) in connection with any Claim that arises out of or relates to (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, (ii) any transaction entered into by you as an Owner or Renter, (iii) any actual or alleged infringement of any intellectual property or proprietary rights of any third party, or (iv) any inaccurate or untruthful information provided by you or made available through the Service. "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.
CuddlyNest may, in its sole discretion, terminate this Agreement, your Service subscription, or any property advertisement for any reason whatsoever and without notice. Your license of rights to CuddlyNest, and the Disclaimer of Warranties, Limitation of Liability, Indemnification and General Conditions sections of this Agreement shall survive such termination.
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between you and us, and governs your use of the Service, superseding any prior agreements. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to the conflict of laws principles thereof. If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
These terms were last revised in July 2015.