TRIPLARGO.COM
Terms and Conditions
I.Welcome to TRIPLARGO.COM! We are an LLC registered in the State of Delaware. TRIPLARGO.COM maintains this site as a service to our Visitors; for their information, education and entertainment. Our site and services are collectively referred to as "services". Please review the terms carefully. By using this Site, you agree to comply with and be legally bound by the terms of use and conditions ("Terms"), whether or not you become a registered user of the services ("Traveler"). If you do not agree to these terms, we ask that you do not use this sight and you have no right to obtain information from or to otherwise continue using this site.
II. MODIFICATION OF TERMS: We reserve the right to periodically modify terms or policies at any time. Changes are effective immediately upon the posting on the site. You are responsible for regularly reviewing these terms. By using this site, you agree that the posting of new or revised terms and conditions on the site will constitute adequate and constructive notice to you of any and all revisions and changes. Continued use of the service after any such changes or after explicitly accepting the new terms upon logging into the site shall constitute your consent to such changes. Failure to use this site in accordance with the following terms of use may subject you to civil and criminal penalties.
III.DESCRIPTION OF THIS SITE: This site is a venue/tool to allow owners/property managers who advertise on our site (each, a "Vendor") to offer for rent a specific vacation rental property to potential renters (each, a "Traveler"). Vendors and Travelers are known collectively as “the Users". We act as a tool for a transaction between Travelers and Vendors; we provide the technology that relates to a rental booking, to enable a traveler to enter into a transaction to rent a specific property directly from a vendor. We do not own or manage, nor do we contract for, any vacation rental property advertised on the site. Any part of an actual or potential transaction between a Traveler and a Vendor, including the quality, safety or legality of the properties advertised, the truth or accuracy of the postings (including the content thereof or any property or traveler review), the ability of Vendors to rent a vacation property or the ability of Travelers to pay for vacation rental properties are solely the responsibility of each respective User.
We are also not responsible for the condition of the vacation rental properties posted on our site or the compliance with laws, rules or regulations that may be applicable to any vacation rental property in any jurisdiction.
We do take certain measures to assist Users in avoiding potentially fraudulent or other illegal activity of which we become aware, however, we assume no liability and no obligation to take any such measures or actions. In the event we do provide warnings or messages to Users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users in a timely manner or at all or that such messages or measures will prevent any harm, result or action. We make no attempt to confirm, and do not confirm, any Vendor's purported identity. We do not endorse any Vendors who use or register for our services. We do not investigate any Vendor's reputation, conduct, morality, criminal background, or verify the information that any Vendor submits to the site.
IV.RELEASE: By using the site or services, Visitors/Users agree that any legal remedy or liability that you or a third party seeks to obtain for acts and/or omissions of other Visitors, Travelers or Vendors (Users) will be limited to a claim against the particular entity who directly caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from Triplargo.com. You hereby release Triplargo.com from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of any and every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with Vendors, your experience as a Visitor or Traveler in connection with the site or otherwise. Further, you specifically waive any state law that effectively states that a general release does not extend to unknown claims which are unknown and not suspected to exist in your favor at the time of executing the release, which if known must have materially affected your settlement with the other party.
V. VENDOR “TERMS OF USE”
In connection with your use of our services, you must act responsibly and exercise good judgment. Vendor is solely responsible for his/her interactions with Visitors and Travelers using the site and service. More specific terms of Vendor's use of the service are outlined to Vendor when they sign up and agree to use the service.
VI. USER-PROVIDED CONTENT
a. LICENSE: Through your submission of any kind to our site, you grant TRIPLARGO.COM a perpetual, worldwide, non-exclusive, royalty-free license to use, distribute, reproduce, modify, adapt, perform, sell, promote and publicly display such content (including, without limitation any photograph, words, pictures, or symbols) in any form in all media now known or hereinafter created and for any purpose, subject to TRIPLARGO.COM’s privacy policy. You represent and warrant that you have sufficient rights to grant us this license.
b. TRIPLARGO.COM will not be held liable for any misappropriation of this submitted content by others. TRIPLARGO.COM is not liable for any lost data resulting from the operation of our Site and/ or the enforcement of these Terms. We urge all users to maintain their own back up versions of any content they may submit to the Site.
c. TRIPLARGO.COM visitors and customers contribute to the Site in many ways: these include uploading photos, articles, links or other materials, which collectively we call the 'site content'. Triplargo.com is not liable or responsible for any content provided by its users or other third parties to the site. The contributions of third parties do not necessarily represent the views or opinions of Triplargo.com. TRIPLARGO.COM cannot preview user provided content before it appears and we have no duty to pre-screen content posted on the site by users. TRIPLARGO is not responsible for user-contributed content. This includes reviews for any particular rental property. We may remove user-contributed content if any part of these terms, or any other requirements governing the posting of such content appear to have been breached. All property postings on the site are submitted by the Vendor (who may be the owner or a property manager or duly authorized property manager or agent of the owner) and are the sole responsibility of that Vendor. TRIPLARGO.COM specifically disclaims any and all liability arising from alleged inaccuracy of the postings, property reviews, or any alleged breaches of contract on a Vendor's part. Vendors are solely responsible for maintaining their property information current on the site, including, but not limited to, any and all representations about any property, its amenities, location, price, and its availability for a specific date or range of dates. TRIPLARGO does not represent or warrant that any of the copy, content, property reviews, property location, suitability, pricing or availability information published on the site is accurate or up-to-date. We reserve the right to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request if we determine, in our sole discretion, that we are required to, or if it would be in our interests to respond to such request. Users can be held liable for any illegal or prohibited user content they provide to the Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the site, please notify us at info@Triplargo.com. We will investigate your claim and take appropriate action. If you post any original content to the Site by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. By posting it to the site, you authorize us to use or allow others to distribute, reproduce or otherwise use the content.
d. TRIPLARGO.COM does not permit, condone, or tolerate the posting of any content on the site that infringes any person's copyright. Should you become aware of or suspect any copyright infringement on this site, please report the alleged copyright infringement taking place on or through the site. To make a report please notify us in writing by emailing TRIPLARGO.COM at info@Triplargo.com. Upon receipt of notice, TRIPLARGO.COM will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the site and/or termination of the Vendor's use of the service in appropriate circumstances. Please note that a complainant may be liable for damages (including costs and attorneys' fees) if he or she knowingly makes a material misrepresentation of copyright infringement.
e. PHOTOGRAPHS. When electronically submitting a photograph to the site, the Vendor represents and warrants that (a) it holds all intellectual property rights with respect to each submitted photograph, or (b) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (c) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the site, (d) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (e) that it will indemnify and hold harmless the site and all employees and independent contractors working for TRIPLARGO.COM from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted.
It is Vendor's responsibility to obtain reproduction permission for all photographic and other material used in its advertisements. Vendor warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to TRIPLARGO.COM the rights therein contained and agrees, upon request, to provide any proof of such rights to us.
f. PRIVACY: For an explanation of our practices and polices related to the collection, use and storage of our user's information, please read our “Privacy Policy”, which is available on this site, and is hereby incorporated by reference. You agree to abide by all terms set forth in the Privacy policy. When you provide your e-mail address to us in connection with any service or tool provided on the site, you agree to allow the site and its affiliated websites to add your e-mail address to our database of users. You may receive one or more promotional e-mails from the site. You may opt out of receiving such promotional e-mails from the site at any time. If you are under the age of 13 you may not utilize this site or post information about yourself on the Site.
VII. PAYMENT
a. Terms: Travelers’ specific payment terms will be outlined in the agreement they sign with a Vendor to rent a specific rental.
b. Cancellation and Refunds. If a Traveler cancels a confirmed reservation, Vendor will return funds in accordance with the cancellation policy outlined in the rental-specific agreement between Traveler and Vendor.
c. Privacy. TRIPLARGO.COM’s privacy policy governs the handling, storage, and use of any information you submit to us, including credit card information.
d. Taxes. TRIPLARGO.COM’s role is to make available a marketplace for Vendors and Travelers to arrange for accommodations. TRIPLARGO.COM is not a contracting agent or representative of the Vendor or Traveler. TRIPLARGO.COM’s role is solely to facilitate the availability of this marketplace for the Vendor and Traveler and to provide services related thereto, and any agreement for the use of any accommodations is solely between Vendor and Traveler, and not TRIPLARGO.COM. Travelers understand that TRIPLARGO.COM is acting solely as an intermediary between Traveler and any Vendors with whom they choose to enter into a transaction. State and local tax laws vary significantly by locality, therefore users hereby acknowledge that they understand and agree that they are solely responsible for determining their own tax reporting requirements in consultation with tax advisors. We cannot and do not offer tax advice to either Vendors or Travelers. TRIPLARGO.COM does not do business as an owner, property manager or operator of any rental, nor is it a provider of rooms, lodging or accommodations. Neither does TRIPLARGO own, sell, resell, furnish, provide, rent, re-rent, manage and/or control hotel rooms, motel rooms or any other lodgings or accommodations. TRIPLARGO does not act as an agent for any providers or users of hotel rooms, motel rooms, or other lodging or accommodations.
VIII. INTELLECTUAL PROPERTY RIGHTS:
You may not systematically retrieve data or other content from our site. You may not display any portion of our site in a frame (or any content from our site through in-line links) without our prior written consent, which may be requested by emailing us at info@Triplargo.com
Material on our site (with the exception of third-party Content) is protected by rights of publicity, copyright, trademark, trade secret, and other proprietary rights and intellectual property laws as applicable. Except as expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material.
IX. TERMINATION: TRIPLARGO.COM may, in our discretion, with or without cause, with or without prior notice and at any time: terminate your access to the site and remove any unauthorized user content, deactivate, or delete any of your accounts and all related information and files in such accounts and bar your access to any such files or services.
X. MODIFICATION OF SERVICES: TRIPLARGO.COM may, in our discretion, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our services.
XI. LEGAL COMPLIANCE. You shall use our services in a manner consistent with any and all applicable local, state, national and international laws and regulations.
XII. DISCLAIMER. IF YOU USE TRIPLARGO.COM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TRIPLARGO.COM DOES NOT CHECK ANY TRAVELER, VENDOR, OR OTHER USER'S BACKGROUND OR RECORD. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED “WARRANTIES OF MERCHANTABILITY”, “FITNESS FOR A PARTICULAR PURPOSE” AND “NON-INFRINGEMENT”.
XIII. LIMITS ON LIABILITY. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO OUR SITE, SERVICES OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED FIFTY U.S. DOLLARS ($150).
XIV. INDEMNIFICATION. You agree to indemnify and hold TRIPLARGO.COM (and each of our subsidiaries, agents, officers, directors, employees and other partners) harmless from any liability, third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, made by a third party or you due to or arising out of or relating to your use of our Services or alleging facts or circumstances that, if true, could constitute your breach of any of these terms. This includes your use of the site to provide a link to another site or to upload content or other information to the site. We will control any such defense and related settlement and you will reasonably assist us at your own expense.
XV. APPLICABLE LAW/JURISDICTION/VENUE. This site is operated by TRIPLARGO.COM, a Delaware LLC with offices in the United States. These terms shall be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to conflict-of-law principles. Any dispute arising from these terms shall be resolved exclusively in the state and federal courts in the state of Ohio. You agree to submit to the personal jurisdiction of a state court located in the state of Ohio.
Continued use of this site and registration to use our services is contingent upon your agreement to be bound by the foregoing “Terms of Use”. More specific “terms of use” of the service for Visitors and Vendor’s respectively, are outlined for each when they sign a contract.
Contact Us: If you have questions about these terms and conditions, or if you want to contact us for any reason, please e-mail us at info@Triplargo.com.
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