Terms & Conditions of use
1. Acceptance of Terms
1.1 Your Maui Escape, Inc., a California corporation (referred to as “Your Maui Escape,” “yourmauiescape.com,” “us” or “we”), provides (the “Site”) through which it offers property owners and/or agents the opportunity to post, list, advertise, and/or promote properties available for short-term rentals (collectively referred to as “Offerings”), subject to your compliance with the following Terms and Conditions of Use (“Terms”), as well as any other written agreement(s) between us and you.
We reserve the right to change these Terms and Conditions of Use from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Offerings after such modifications will constitute acknowledgment and acceptance of the modified Terms.
As used in these Terms, references to our “Affiliates” include our owners, licensees, assignees, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Offerings available on this Site.
BY USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS, IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR OFFERINGS.
Offerings. Your Maui Escape provides a number of Offerings for users on its Site, including, but not limited to, providing property owners and/or agents the opportunity to post, list, advertise, and/or promote properties for short-term rentals, and allowing potential buyers and/or renters the opportunity to rent said properties for vacation.
No Guarantee. Although Your Maui Escape works hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Offerings available on this Site.
Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or services that we may use to provide you with Offerings. You agree that the Offerings available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications, material posted by you, or personalization settings.
3. Site Conduct, Posting Policies & Third Party Websites
User-Created Content Guidelines: Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Site, send to us or send to other users. By posting information or original material on the Site, by sending material to us for review, or by otherwise using any communications service, message board or other interactive service available on the Site, you agree that you will not post or send material, comments, messages, links, code, information, or pictures that:
i. are unlawful, threatening, abusive, harassing, defamatory, deceptive, inaccurate, fraudulent, tortious, invasive of another’s privacy, or include graphic descriptions of sexual or violent content;
ii. victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
iii. infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party;
iv. consist of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
v. contain any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise cause damage, or allow you to obtain unauthorized access to any data or other information of any third party;
vi. breach the security of, compromise or otherwise allow access to secured, protected or inaccessible areas of this Site, or attempt to gain access to other networks or servers via your account on this Site;
vii. impersonate any person or entity, including any of our employees or representatives.
No Endorsement. Your Maui Escape neither endorses nor assumes any liability for any materials uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police, or monitor materials or comments posted on the Site, we and our agents reserve the right to remove any and all postings, in our sole discretion and without prior notice to you. Your Maui Escape and its agents are not responsible for any failure or delay in removing such postings. Your Maui Escape is not liable for any inaccurate or incorrect information provided by users posting, advertising, listing, and/or promoting open houses on the Site.
Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency, or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied. By accepting a redirect or link to other websites, you agree to adhere to the terms and conditions and privacy policies of those websites.
Products and Promotions. From time to time, this Site may include information about products and promotions offered by third parties. You may purchase products from or participate in promotions of third parties whose promotions or products are listed on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the third party. We assume no liability, obligation, or responsibility for any part of any such purchase or promotion.
Age Restriction. Users under the age of eighteen (18) cannot list properties onto the site or rent properties posted on the Site.
4. Your Maui Escape’s Intellectual Property
Content. For purposes of these Terms, “content” is defined as any information, communications, published works, photos, video, graphics, music, sounds, or other material that is sent to or that can be viewed by users on our Site and is owned by Your Maui Escape, our Affiliates or licensors.
Ownership of Content. All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted, or transmitted in any way except as provided expressly in these Terms or with Your Maui Escape’s prior express written consent. Any use of the content other than as permitted by these Terms, or any other unauthorized use of the content may make you liable to Your Maui Escape for violation of intellectual property rights.
Site Use. Your Maui Escape grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale, commercial use, preparation of derivative works, or other use. You may not use any content from the Site for commercial use. You agree not to copy the Site, reverse engineer, or break into the Site, or use materials, products, or services in violation of any law. Any use of the Site or the content or materials contained therein, other than as specifically authorized in these Terms, without the prior written permission of Your Maui Escape, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right, and any goodwill associated therewith. Your Maui Escape reserves the right, without notice and in its sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.
No Warranty for Third-Party Infringement. Neither our Affiliates nor whe warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
5. Content You Create
We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing User Content, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c).
If you believe that you or someone else’s copyright has been infringed upon by yourmauiescape.com or User Content provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send a notification to us immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
i. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s), etc.;
ii. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holder’s work(s) (for example, file name or URL of the page(s) that contain(s) the material);
iii. The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
iv. A statement that the Rights Holder has a good faith belief that the use of the material identified above in (ii) is not authorized by the copyright owner, its agent or the law;
v. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
vi. The Rights Holder’s electronic signature.
Notice may be sent to us at [email protected].
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our Site without liability to you or any other party.
Intellectual Property Rights of User-Submitted Content. By submitting or authorizing user-contributed content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your user-contributed content, in connection with our business or the business of our affiliates. Notwithstanding the foregoing, following the termination or expiration of a property listing, we will not continue to display the user-contributed content that was displayed in such listing.
You further grant us and our affiliates the ability to register copyright in and protect the user-contributed content, including the images, copy, and content available via any member’s listing, from the unauthorized use of the user-contributed content by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material on behalf of and in your name. You further agree to appear and assist us—at our expense and control—with protecting such copyrighted material from unauthorized redistribution.
6. Privacy & Security
Login Required. In order to access some of the Offerings on this Site, you will be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
Passwords & Security. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities that occur under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.
Information Sharing. If you register for an account on the Site, you agree that your information may be shared with agents/owners who post, list, advertise, and/or promote open houses for properties that are for sale or rent on the Site. Agents/owners who pay for premium access to the Site are provided with the names and email addresses of potential buyers and/or renters who have registered on the Site. Agents who pay for premium access to the Site are provided with the names and email addresses of owners posting properties as for-sale-by-owner and for-rent-by-owner.
All content and offerings on this site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (a) the content or offerings will meet your requirements, (b) the content, offerings or site will be uninterrupted, timely, secure, or error-free, (c) the information or results that may be obtained from the use of the content or offerings offered will be effective, accurate or reliable, or (d) the quality of any content or offerings purchased or obtained by you from the site, from us or our affiliates will meet your expectations or needs or be free from mistakes, errors or defects.
This site could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the content and offerings on this site at any time without notice to you. The content available on this site may be out of date, and we make no commitment to update such content.
The use of the offerings through this site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damages you incur as a result.
We also may from time to time create new descriptions or otherwise change the location or geographic descriptions we use to identify properties in their listings and search results. Consequently, we may change the location or geographic description associated with any property listing at any time without notice. However, we assume no responsibility to verify property listing content or the accuracy of the location. Users are solely responsible for ensuring the accuracy of location, geographic and other content and location or geographic descriptions and agree to promptly correct (or contact us to correct) any inaccuracy and travelers are solely responsible for verifying the accuracy of such content and descriptions.
We make no warranty regarding any transactions executed through a third party, or in connection with this site, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any offerings or content available on or through this site from a third party is provided solely by such third party, and not by us or any other of our affiliates.
Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you. Please consult the laws in your jurisdiction.
We are not liable for any damage caused by the negligence of any third parties, including third parties who list their properties using our site. Furthermore, we are also not liable for any damage to the properties caused by any users of this site. User agrees that user is solely responsible for any damages to any properties listed.
Payments, Cancellations, & Refunds
Payment. All payments must be made and approved prior to the scheduled personal training consultations. We accept all major credit cards, as well as Paypal. Payment is made through a third party provider called Stripe. If there are any issues with processing your payment, please contact https://stripe.com/contact in order to fix said issue. Your Maui Escape is not liable for any wrongdoing on the part of Stripe regarding the processing of payments.
Refunds. Any cancellations made by you must be made at least sixty (60) days prior to the first date of the scheduled rental period in order to obtain a full refund. Should any cancellations be made within sixty (60) days prior to the first date of the scheduled rental period, then you shall be entitled to a full refund only in the situation where Your Maui Escape is able to find another suitable renter to replace you. While Your Maui Escape will make reasonable efforts to re-rent the canceled order, Your Maui Escape cannot guarantee that the canceled order will be re-rented. Should the canceled rental not be able to be re-rented, then you will be liable for the cost of the rental.
9. Limitation of Liability & Indemnification
9.1 In no event shall we or our affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profit loss; your use of the information or content contained on the site; or your reliance upon the accuracy of information contained on the site, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any website referenced or linked to from this site.
Further, we shall not be liable in any way for third-party promises regarding our offerings or content or for assistance in conducting commercial transactions with the third party through this site, including without limitation the sale of products or services.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. Please consult the laws in your jurisdiction.
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Site or any of the content contained therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
10. Termination of Use
Grounds for Termination. You agree that we may, at our sole discretion, terminate, or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Site and reporting you to the proper authorities, if necessary.
No Right to Offerings Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1 and 3-10 of these Terms shall survive any termination.
11. Miscellaneous Provisions
Governing Law. This Site (excluding any Third Party websites) is controlled the laws of the State of California shall be controlling, without regard to the conflicts of laws principles thereof.
Dispute Resolution. All claims and disputes arising under or relating to this Agreement are to be settled by mediation, and if the matter is not resolved through mediation, then it shall be settled by binding arbitration in the state of California. The arbitration shall be conducted on a confidential basis pursuant to the rules of JAMS (Judicial Arbitration and Mediation Services). Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact. An award of arbitration may be confirmed in a court of competent jurisdiction. The prevailing party shall be entitled to receive from the other party its attorneys’ fees and costs incurred in connection with any arbitration proceeding and the enforcement of any award.
Notices. All notices to Your Maui Escape or yourmauiescape.com shall be in writing and shall be sent to [email protected]. You agree to allow us to submit notices to you using the email address provided by you in the Registration Info. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date when transmitted by email.
No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purposes any portion of this Site, or use of or access to this Site or Offerings provided through this Site, beyond the limited rights granted to you under Section 4 of these Terms.
Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-availability of Offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.