Terms & Conditions

Fun In Florida, LLC

Terms and Conditions of Use

Fun In Florida, LLC, a Florida limited liability company, (“FIF”) operates and maintains this website (“Site”) as a service to its users (“Users”) subject to the following Terms and Conditions of Use (“Terms”).  BY USING THIS SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THIS SITE.  

SITE.

This Site is an advertising venue for homeowners and property managers (“Advertiser”) to list individual dwelling units (“Property”) as vacation rentals (“Listing”).  FIF does not own any Property listed here nor is FIF in any way a party to any rental transaction.  All Users of this Site are urged and expected to deal honestly and fairly with one another regarding the truth and accuracy of the Listings and the legality of the Property advertised. Any rental agreement entered into by an Advertiser and a User is entirely the responsibility of both of these parties.  FIF does not guarantee the condition of any Property listed or a User’s ability to pay. The presence of any Property on this Site does not imply a recommendation or endorsement of the Property or the related Advertiser.  FIF IS NOT A PARTY TO AND IS NOT RESPONSIBLE FOR ANY RENTAL TRANSACTION.

OWNERSHIP AND COPYRIGHT.

Except as otherwise indicated, the Site, text, images, logos, marks, and any other content contained on the Site, including, but not limited to, the FIF logo, designs, text, graphics, pictures, information, data, software, sound files, content and the selection and arrangement thereof are the proprietary property of FIF and are protected by copyright laws.

TRADEMARKS.

FIF logos, products, service names and/or slogans displayed on the Site are trademarks of FIF and may not be copied, imitated or used, in whole or in part, without the prior written consent of FIF. Additionally, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark and/or trademark of FIF and may not be copied, imitated or used, in whole or in part, without the prior written consent of FIF.

LIMITED LICENSE.

Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site in accordance with these Terms. Any use of the Site that is not authorized in these Terms or is not specifically authorized by FIF in writing is expressly prohibited. FIF reserves the right to, in its sole discretion, without notice, (i) terminate a User’s license to use the Site; (ii) block or prevent future access and/or use of any portion of the Site; or (iii) impose limitations on use of the Site.

The license to use the Site does not include any right of collection, copying, scraping, duplication, or display of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools. A User may not copy, reproduce, display, republish, distribute, replicate, mirror or transmit any part of the Site or its content in any form whatsoever.

 UNAUTHORIZED USE OF THE SITE.

Unauthorized use is defined as any use of the Site, actions by Users, actions by Advertisers, or any other actions or activity, deemed by FIF to be inappropriate, unethical, or unlawful, in its sole discretion. FIF may immediately terminate a User’s access to or use of the Site due to any unauthorized use of the Site. If FIF receives any complaints from any User regarding Advertisers or other Users that FIF deems valid, in its sole discretion, then FIF may immediately and permanently remove the User and/or the Advertiser and any associated Listings from the Site without notice and without refund of any amounts paid. 

HYPERLINKS.

FIF reserves the right to refuse hypertext links on the Site. Additionally, FIF reserves the right to, at the sole discretion of FIF, charge a fee to publish hypertext links.  

RIGHTS TO USER CONTENT.

By posting or distributing content through the Site, Users grant FIF a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media now known or hereafter devised. Furthermore, content submitted will be considered non-confidential and FIF is under no obligation to treat such content as proprietary information.

ADVERTISERS.

All listing information submitted by Advertisers is subject to review and approval by FIF, at its sole discretion. FIF reserves the right, but does not guarantee, to edit listing entries for appropriate content, FIF may refuse to publish any content that it determines to be unacceptable. Advertisers are responsible for reviewing and ensuring that any content submitted is displayed as the Advertiser intended.  By submitting information, FIF is granted a nonexclusive, world-wide, royalty-free, perpetual, irrevocable license to use, publish, reproduce, sublicense, distribute, modify, translate and display such information throughout the world in any media.  

Advertisers are solely responsible for compliance with any and all laws, rules and regulations that may apply to any Property listed on the Site. FIF assumes no responsibility for an Advertisers’ compliance with such. While FIF is not a party to any rental transaction and assumes no liability for legal compliance pertaining to Property listed on the Site, FIF may be legally obligated to provide information relating to Listings in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings and FIF reserves the right to do so.

FIF is not a party to any payment transaction between Advertisers and Users; however, Advertisers are not permitted to request payment from Users in the form of cash or wire transfer. If at any time FIF becomes aware of any attempts to conduct a transaction that would involve an unauthorized or fraudulent payment method, the Listing will be terminated without notice or refund and this information will be made available to the proper authorities. While we do not condone this unethical activity and hope to be able to assist Users in avoiding such transactions, we assume no liability or responsibility to do so.

PHOTOGRAPHS.

All photographs submitted must be the property of the User. Users must have legal consent to publish said images. Users submitting photos protected by copyright must obtain written permission to use them. FIF reserves the right not to display any photographs that FIF determines to be unacceptable. FIF will not be held responsible for any cause of action arising from any misrepresentation with respect to any and all photographs submitted. All printed (paper based) photographs submitted by a User or an Advertiser will be discarded after FIF has scanned and posted them on the Site. The photographs will not be returned. FIF is not responsible for any loss or damage to any submitted materials.

LISTINGS.

Listings, once submitted and published, are non-refundable.  If a Property is sold or you no longer wish for the Listing to remain online, FIF will remove the Listing at your request.  No refund will be granted for the removal of a Listing for any reason whatsoever. Listings may be transferred to another party if an Advertiser sells the Property that is listed to a third party; said transfer being subject to a transfer fee. Substitution of one Property for another Property on a Listing is not allowed.

Only one residential dwelling unit is permitted per Listing. Properties that contain multiple units must place each unit on a separate Listing. A “sample” home representing other available units is specifically forbidden in a Listing.  Each Listing must specifically describe the Property.  Advertisers of multiple Properties may contact FIF to request a package rate for multiple Listings. 

RENTAL TRANSACTIONS.

FIF urges all Users and Advertisers to be responsible about their use of the Site and any transaction entered into as a result of either Listing or renting a Property.  User verification on the Internet is difficult. FIF cannot and does not confirm each User's or Advertiser’s purported identity. Any and all negotiations between an Advertiser and a User are solely the responsibility of each party. Each User assumes full responsibility for paying all charges and fees associated with the use of a Property, as agreed to by Advertiser and User. Each Advertiser assumes full responsibility for thoroughly and clearly communicating to Users all rental charges and fees associated with the rental of a Property.  Advertisers are also solely responsible for submitting the appropriate sales tax charges to the relevant government institution(s), as required by the jurisdiction of the related Property. FIF is not responsible (i) to any Advertiser for payment of any rental fees or any related charges, (ii) to any actual or prospective renter for any refund of any monies paid to the Advertiser of a Property. Under no circumstances shall FIF be liable for any claims related to the rental of any Property listed on the Site, including without limitation, claims, damages or losses related to any miscommunication or misrepresentation by any party or for any other reason whatsoever. Any Advertiser listing a home for rent must be legally authorized to do so and must provide accurate and truthful information on their Listing. Listings should contain enough information so that Users will have a realistic expectation of what each Property has to offer.   

WARRANTY DISCLAIMER.

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, EVEN IF FIF BECOMES AWARE OF ANY SUCH BREACHES. FIF DOES NOT WARRANT THAT ANY PRODUCT DESCRIPTIONS OR CONTENT CONTAINED IN THIS WEBSITE IS ACCURATE, CURRENT OR COMPLETE. FURTHERMORE, FIF EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. FIF DOES 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.

YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS TO FIF AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND FIF OTHER THAN PURSUANT TO THESE TERMS.  

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD FIF RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT FIF IS NOT A PARTY TO ANY RENTAL TRANSACTION.  WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE. 

LIMITATION OF LIABILITY.

IN NO EVENT WILL FIF OR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND/OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF, BASED ON, OR RESULTING FROM, BUT NOT LIMITED TO, THE FOLLOWING: (i) LOSS OF PROFITS; (ii) LOSS OF DATA; (iii) USE OF THE SITE; (iv) THE INABILITY TO USE THE SITE; (v) THESE TERMS; (vi) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY; (vii) THE SERVICES, CONTENT OR MATERIALS CONTAINED ON OR ACCESSD THROUGH THE SITE; (viii) MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, VIRUSES, DELAYS, OR FAILURE OF PERFORMANCE; or (ix) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTIONS BETWEEN USERS, IN EACH CASE, EVEN IF FIF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (a) BREACH OF CONTRACT; (b) BREACH OF WARRANTY; (c) STRICT LIABILITY; (d) TORT; (e) NEGLIGENCE; OR (f) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST FIF OR ANOTHER USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST FIF IS TO DISCONTINUE USING THE SITE. 

INDEMNIFICATION.

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE SITE, YOU HEREBY AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND FIF AGAINST ANY AND ALL DISPUTES, CLAIMS, ACTIONS, PROCEEDINGS, LIABILITIES, LOSSES, DAMAGES, EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS, ARISING FROM OR RELATED TO SUCH DISPUTE AND/OR USE OF THE SITE. 

CHANGES AND/OR AMENDMENTS TO TERMS.

FIF reserves the right, in its sole discretion, to change and/or amend these Terms at any time and correct any errors or omissions in any portion of the Site. The Site may also be changed, modified, added or removed and updated without notice at any time; however, FIF is under no obligation to update materials.

FIF may also make changes in the products, services, programs, or prices, if any, described in the Site at any time without notice. Your continued use of the Site after any changes made by FIF will be considered your acceptance of those changes and/or amendments.

You should revisit these Terms from time to time to review the then-current Terms.

APPLICABLE LAW AND VENUE.

You and FIF hereby agree that all disputes, claims or other matters arising from or relating to the use of the Site will be governed by the laws of the State of Florida. You agree that all claims arising from or relating to the Site will be heard and resolved in a court of competent subject matter jurisdiction in the Seventh Judicial Circuit in and for St. Johns County, Florida. Through your use of the Site you consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

SEVERABILITY.

If any provision of these Terms is deemed unlawful, void, or in any way unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.