Terms of Use

Introduction

1. Overview

The following terms and conditions (the "Terms of Use") apply to all visitors to and users (and including all persons that the visitor or user represents, collectively, "Users") of the CottageCountry.com website ("CottageCountry.com", the home page of which is at www.cottagecountry.com). CottageCountry.com is owned and operated by 1760335 Ontario Inc., its subsidiaries and affiliates (the "Company"). The Terms of Use are a contract between you and the Company and apply to all Users of CottageCountry.com. In the Terms of Use, "you", or "your" refers to any User of CottageCountry.com, and if you are under the age of majority, it also includes your parent or legal guardian.

The Terms of Use describe your responsibilities and limitations to the Company's liability, among other things. The Terms of Use, and other terms incorporated by reference, constitute the entire and only agreement existing between you and the Company regarding your use of CottageCountry.com. Agreement to the Terms of Use is required for the use of CottageCountry.com.

By accessing CottageCountry.com, and by submitting a posting, tender, offer, or bid through CottageCountry.com, you indicate your acknowledgment and acceptance of the Terms of Use. PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING WWW.COTTAGECOUNTRY.COM. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TERMS OF USE THROUGH YOUR CONTINUED USE OF WWW.COTTAGECOUNTRY.COM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE.

2. Laws & Regulations

User access to and use of CottageCountry.com is subject to all applicable international, federal, provincial and local laws and regulations.

Purpose/Function of CottageCountry.com

3. Purpose/Function of CottageCountry.com

CottageCountry.com is provided for the purpose of assisting Users in arranging cottage, ski lodge, and resort-type accommodations and rentals across North America, for posting opinions and reviews of such accommodations, rentals, and other travel-related issues, for engaging in interactive travel forums (the "Service" or "Services"), and for no other purpose.

Users may submit information regarding cottage, ski lodge, or resort-type accommodations that are available for rent (known as "Posts", "Postings", or "Advertisements" and such Users hereinafter "Property Holders" ) to other Users of CottageCountry.com. THE POSTINGS ARE INVITATIONS TO OTHER USERS TO MAKE OFFERS TO RENT A PROPERTY, AND ARE NOT OFFERS TO SELL OR RENT. When a User wishes to rent a property from a Property Holder (hereinafter, a "Renter"), he/she submits a tender, offer, or bid to the Property Holder according to the method set out on the part of CottageCountry.com under which the Property Holder has placed a Posting.

A Renter's correctly completed tender, offer, or bid, when delivered by pressing the "Submit" button on the "Book It" page or the "Make a Bid" button on the "Auction" page, forms an offer to rent a property from the Property Holder. The Renter's offer will be deemed to be accepted upon: (i) the Property Holder agreeing to rent a property to the Renter, (ii) having received payment in full from the payment processor of the Renter's credit card, and (iii) when the Company having received confirmation of payment in full from PayPal.

Any tender, offer, bid, negotiation, acceptance, rental agreement, etc., constitutes a dealing or transaction between the Renter and the Property Holder. A Renter's subsequent review of a transaction or endorsement of a property or Property Holder (a "Submission") also constitutes part of that transaction.

CottageCountry.com is not intended to provide legal, educational, or other professional advice and should not be relied on in that respect.

4. Access & Technical Information

Access to CottageCountry.com is entirely at the discretion of the Company. The Company reserves the right to grant or deny access to CottageCountry.com to any person. Access to and use of password protected and/or secure areas of CottageCountry.com that are not explicitly for User use is restricted to authorized individuals. Unauthorized individuals attempting to access these areas of CottageCountry.com may be subject to prosecution.

Each User is solely responsible for the security of his/her password. Each User shall take precautions to keep his or her password private to prevent any unauthorized use. NEITHER WWW.COTTAGECOUNTRY.COM NOR ANY OTHER PERSON OR ENTITY WILL BE RESPONSIBLE FOR ANY LOSSES, DAMAGES, OR CONSEQUENCES A USER MAY SUFFER DUE TO CARELESS OR UNAUTHORIZED USE OF A PASSWORD.

The Company reserves the right to store information on a User's computer in the form of a "cookie" or similar file for purposes of modifying CottageCountry.com to reflect your preferences. CottageCountry.com's Privacy Policy provides additional information regarding the Company's use of cookies as well as procedures for disabling cookies.

Content on CottageCountry.com

5. Ownership of & Modifications to the Terms of Use

CottageCountry.com and all of its content, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (the "Content") are the exclusive property of the Company. The Content is protected by copyright laws and other Canadian and international laws and treaties.

The Company may revise and/or discontinue any Content or Service at any time without prior notice. The Company reserves the right to revise the Terms of Use at any time and you are deemed to be apprised of and bound by any changes to the Terms of Use.

6. Copyright/Trade-Marks

The trade-marks, logos, and service marks ("Marks") displayed on CottageCountry.com are the property of or are licensed to the Company. Users are prohibited from using any Marks for any purpose including, but not limited to, use as meta tags on other pages or sites on the World Wide Web without the written permission or license of the Company or the third party which may own the Marks. All information and Content, including any services made available, either now or in the future, on or through CottageCountry.com, is protected by copyright. Users are prohibited from modifying, copying, distributing, publishing, displaying, selling, licensing, creating derivative works, or using any Content available on or through CottageCountry.com for any purpose, except as otherwise explicitly permitted in the Terms of Use.

7. User-Submitted Post, Postings, or Advertisements

Be advised that the Company relies on the information you provide to the Company through CottageCountry.com, including registration information (name, address, e-mail address, etc.), payment information (credit card numbers, PayPal information, expiration dates, etc.), and transaction-related information. By submitting your Posting, tender, offer, bid or Submission, and by accepting the Terms of Use, you are certifying to us that all of the information you provide to us is true, accurate, current, and complete. You will be solely responsible and liable for any and all losses, damages, and costs that you, the Company, or any other person may incur as a result of your Posting or Submission of any false, incorrect, or incomplete information, or your failure to update any registration information or payment information, if it changes. Any personal information you provide in connection with your Postings, Submissions, and transactions will be collected, used, and/or disclosed in accordance with our Privacy Policy.

Users grant CottageCountry.com a royalty-free, irrevocable right to use, reproduce, modify, and publish such content and use the name that Users submit in connection with Postings or Transactions.

The reviews, comments, suggestions, ideas, or the like contained in any Posting, Transaction, or Submission are the opinion of the User only and do not reflect the opinions of CottageCountry.com. CottageCountry.com does not endorse any statement of fact or opinion posted by any User and does not review, verify, or substantiate the content, authenticity, or accuracy of any User's Posting or Submission.

You understand that all Postings or Submissions transmitted through, or linked from CottageCountry.com are the sole responsibility of the person who made such Posting or Submission. You are entirely responsible for each individual item that you Post, Submit, or otherwise make available through CottageCountry.com. You understand that the Company does not control, and is not responsible for, content made available through CottageCountry.com, and that by using CottageCountry.com you may be exposed to Postings or Submissions that are offensive, indecent, inaccurate, misleading, or otherwise objectionable. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY POSTING OR SUBMISSION, THAT YOU MAY NOT RELY ON SAID POSTING OR SUBMISSION, AND THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE IN ANY WAY FOR ANY POSTING OR SUBMISSION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY POSTING OR SUBMISSION OR CONTENT OTHERWISE MADE AVAILABLE VIA WWW.COTTAGECOUNTRY.COM.

You acknowledge that CottageCountry.com does not pre-screen or approve Postings or Submissions, but that CottageCountry.com shall have the right, but not the obligation, to refuse, delete, or move any Posting or Submission that is violating the letter or spirit of the Terms of Use.

YOUR INTERACTIONS WITH OTHER USERS, ORGANIZATIONS, AND/OR INDIVIDUALS FOUND ON OR THROUGH WWW.COTTAGECOUNTRY.COM, INCLUDING OFFERS, TENDERS, NEGOTIATIONS, BIDDING, PAYMENT, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES, OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS OR TRANSACTIONS, ARE SOLELY BETWEEN YOU AND SUCH USERS, ORGANIZATIONS, AND/OR INDIVIDUALS. YOU SHOULD MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH EITHER ONLINE OR OFFLINE TRANSACTION WITH ANY OF THESE USERS, ORGANIZATIONS, AND/OR INDIVIDUALS.

8. Conduct of User

You agree not to Post, Submit, or otherwise make available content on CottageCountry.com:

  • in an inappropriate category or area on CottageCountry.com;
  • that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, provincial, national, or international law;
  • containing nude and/or pornographic images;
  • that violates any laws, third party rights, or the Terms of Use;
  • containing advertisements or solicitations of any kind, other than for the purpose of CottageCountry.com;
  • that contains personal information, such as names, phone numbers, social insurance numbers, account numbers, or addresses, other than for the lawful purposes of using CottageCountry.com;
  • with messages by non-spokesperson employees of the Company purporting to speak on behalf of CottageCountry.com or containing confidential information or expressing opinions concerning CottageCountry.com; or
  • with messages that offer unauthorized downloads of any copyrighted or private information.

The Company is under no obligation to review any Postings, Submissions, messages, profiles, information, or other content posted on CottageCountry.com by Users and assumes no responsibility or liability relating to any such content. Notwithstanding the above, the Company may, in its sole and absolute discretion, decline to accept and/or remove any content that contains that which is set out above.

Furthermore, you will not:

  • use CottageCountry.com if you are not able to form legally binding contracts, or are under the age of majority;
  • manipulate or interfere with another User's Posting or Submission;
  • circumvent or manipulate the Company's fee structure, billing process, or fees owed to the Company;
  • post false, inaccurate, misleading, defamatory, or libellous content;
  • distribute viruses, worms, Trojan horses, or any other programs or technologies that might harm the Company or the interests or property of other CottageCountry.com Users; or
  • harvest or otherwise collect information about other Users, including e-mail addresses, without their consent.

9. Posting Agents

A "Posting Agent" is a third-party agent, service, or intermediary that offers to post content to CottageCountry.com on behalf of others. To moderate demands on CottageCountry.com's resources, you may not use a Posting Agent to post content to the website without express permission or license from the Company. Correspondingly, Posting Agents are not permitted to post content on behalf of others, to cause content to be so posted, or otherwise access CottageCountry.com to facilitate posting content on behalf of others, except with express permission or license from the Company.

10. Third Party Internet Sites

Periodically, links may be established from CottageCountry.com to one or more external websites or resources operated by third parties ("Third Party Sites"). These links are provided for your convenience only. Access to Third Party Sites linked to CottageCountry.com is at the User's own risk. You should be aware that Third Party Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on CottageCountry.com. THE COMPANY IS NOT RESPONSIBLE FOR SUCH PROVISIONS, AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO SUCH PROVISIONS.

In addition, certain Third Party Sites may also provide links to CottageCountry.com. The Company prohibits caching, unauthorized hypertext links to CottageCountry.com and the framing of any content available through CottageCountry.com by these Third Party Sites. The Company reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content available on any Third Party Sites linked to CottageCountry.com.

Privacy & Confidentiality of Content

11. Transmission of Personal Data

You acknowledge and agree that by providing the Company with any personal information through CottageCountry.com, you consent to the transmission of such personal or proprietary User information over international borders as necessary for processing in accordance with the Company's standard business practices and its Privacy Policy. You should be aware that Third Party Sites may contain transmission of personal data provisions that differ from the provisions provided herein. The Company is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

12. Confidentiality of User Communications

Except as required by law and in accordance with CottageCountry.com's Privacy Policy, the Company will maintain the confidentiality of all User communications which contain personal user information and which are transmitted directly to the Company (i.e. not posted publicly on CottageCountry.com for the purpose of utilizing CottageCountry.com's Services). You acknowledge that the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. WWW.COTTAGECOUNTRY.COM WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU, ANY USER, OR A THIRD PARTY MAY SUFFER AS A RESULT OF THE TRANSMISSION OF CONFIDENTIAL INFORMATION THAT YOU MAKE TO OR THROUGH WWW.COTTAGECOUNTRY.COM THROUGH THE INTERNET, OR THAT YOU EXPRESSLY OR IMPLICITLY AUTHORIZE WWW.COTTAGECOUNTRY.COM TO MAKE, OR FOR ANY ERRORS OR ANY CHANGES MADE TO ANY TRANSMITTED INFORMATION.

User should be aware that Third Party Sites may contain confidentiality provisions that differ from the provisions provided herein. The Company is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

Waiver, Indemnity, and Release

13. No Warranties

ALL CONTENT AND SERVICES ON OR AVAILABLE THROUGH WWW.COTTAGECOUNTRY.COM, OR OBTAINED FROM A THIRD PARTY SITE, ARE PROVIDED TO USERS "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE COMPANY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY SUBMISSION, OPINION, MESSAGE, POSTING, PROFILE, ADVICE OR STATEMENT MADE THROUGH WWW.COTTAGECOUNTRY.COM OR A THIRD PARTY SITE, OR THE CAPABILITIES OR RELIABILITY OF ANY SERVICE OBTAINED FROM WWW.COTTAGECOUNTRY.COM OR A THIRD PARTY SITE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH WWW.COTTAGECOUNTRY.COM OR A THIRD PARTY SITE, OR A USER'S RELIANCE ON ANY SERVICE OBTAINED FROM WWW.COTTAGECOUNTRY.COM OR A THIRD PARTY SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY SUBMISSION, OPINION, MESSAGE, POSTING, PROFILE, ADVICE OR OTHER CONTENT OBTAINED FROM WWW.COTTAGECOUNTRY.COM OR A THIRD PARTY SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC SUBMISSION, OPINION, MESSAGE, POSTING, PROFILE, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

THE COMPANY DOES NOT WARRANT THAT WWW.COTTAGECOUNTRY.COM WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

14. LIMITATION OF LIABILITY FOR USE OF WWW.COTTAGECOUNTRY.COM AND THIRD PARTY SITES

THE INFORMATION, SERVICES, AND DESCRIPTIONS OF SERVICES PUBLISHED ON WWW.COTTAGECOUNTRY.COM OR A THIRD PARTY SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION OR CONTENT ON WWW.COTTAGECOUNTRY.COM AND THIRD PARTY SITES. THE COMPANY MAY MAKE IMPROVEMENTS OR CHANGES TO WWW.COTTAGECOUNTRY.COM AND THE SERVICES OFFERED BY WWW.COTTAGECOUNTRY.COM AT ANY TIME. YOU AGREE THAT THE COMPANY, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE, OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF WWW.COTTAGECOUNTRY.COM OR A THIRD PARTY SITE, OR WITH THE DELAY OR INABILITY TO USE WWW.COTTAGECOUNTRY.COM OR A THIRD PARTY SITE, EVEN IF THE COMPANY IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES, WORMS, TROJAN HORSES, ETC. WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL, ELECTRONIC EQUIPMENT, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS, OR ANY FORCE MAJEURE. THE COMPANY CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO WWW.COTTAGECOUNTRY.COM.

15. LIMITATION OF LIABILITY FOR SERVICES AND/OR TRANSACTIONS ARRANGED THROUGH WWW.COTTAGECOUNTRY.COM

YOU AGREE THAT WWW.COTTAGECOUNTRY.COM IS A MERE CONDUIT FOR THE PROVIDERS OF SERVICES AVAILABLE THROUGH WWW.COTTAGECOUNTRY.COM. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED THROUGH WWW.COTTAGECOUNTRY.COM ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SERVICE PROVIDERS (E.G. INCLUDING RENTERS, PROPERTY HOLDERS, ADVERTISERS, OR THIRD PARTY SITES).

THE COMPANY HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, IN CONNECTION WITH: (1) THE USE OF WWW.COTTAGECOUNTRY.COM BY YOU AND/OR ANY USER; (2) ANY INTERACTIONS BETWEEN USERS; AND/OR (3) ANY SERVICES PROVIDED BY ANY USER THROUGH WWW.COTTAGECOUNTRY.COM; AND INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY, OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF ANY USER, AND YOU HEREBY EXONERATE THE COMPANY FROM ANY LIABILITY WITH RESPECT TO THE SAME.

YOU WILL NOT HOLD THE COMPANY RESPONSIBLE FOR OTHER USER'S POSTINGS, SUBMISSIONS, CONTENT, ACTIONS OR INACTIONS, OR PROPERTIES THEY LIST. YOU ACKNOWLEDGE THAT WWW.COTTAGECOUNTRY.COM IS NOT A TRADITIONAL AUCTIONEER. INSTEAD, THE WEBSITE IS A VENUE TO ALLOW ANYONE TO ADVERTISE THEIR PROPERTY FOR RENTAL IN A VARIETY OF FORMATS AND VENUES, SUCH AS FIXED-PRICE AND AUCTION-STYLE FORMATS. THE COMPANY IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN RENTERS AND PROPERTY HOLDERS. THE COMPANY HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY OR SAFETY OF PROPERTIES ADVERTISED, THE TRUTH OR ACCURACY OF USER'S CONTENT OR POSTINGS, THE ABILITY OF PROPERTY HOLDERS TO RENT PROPERTY, THE ABILITY OF RENTERS TO PAY FOR RENTALS, OR THAT A RENTER AND PROPERTY HOLDER WILL ACTUALLY COMPLETE A TRANSACTION.

THE COMPANY CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO WWW.COTTAGECOUNTRY.COM'S SERVICES, AND OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE COMPANY'S CONTROL. ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, THE COMPANY EXCLUDES ALL IMPLIED WARRANTIES, TERMS, AND CONDITIONS. THE COMPANY IS NOT LIABLE FOR ANY LOSS OF MONEY, GOODWILL, OR REPUTATION, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF WWW.COTTAGECOUNTRY.COM.

16. INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, INCLUDING, WITHOUT LIMITATION, LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM ANY THIRD PARTY, DUE TO OR ARISING OUT OF YOUR POSTINGS OR SUBMISSIONS, ANY CONTENT YOU OTHERWISE MAKE AVAILABLE THROUGH THE WEBSITE, YOUR USE OF WWW.COTTAGECOUNTRY.COM, YOUR VIOLATION OF THE RIGHTS OF ANOTHER, OR YOUR BREACH OF THE TERMS OF THE TERMS OF USE OR THE DOCUMENTS IT INCORPORATES BY REFERENCE. The Company shall provide prompt notice to you of any such claim, suit, or proceeding.

17. Limitations on Service

You acknowledge that the Company may establish limits concerning the use of CottageCountry.com, including the maximum number of days that a Posting, Submission, or other content will be retained by the website, the maximum number and size of Postings, Submissions, messages, or other content that may be transmitted or stored by the Company, and the frequency with which you may access the website. YOU AGREE THAT THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY CONTENT MAINTAINED OR TRANSMITTED BY WWW.COTTAGECOUNTRY.COM. You acknowledge that the Company reserves the right at any time to modify or discontinue the website (or any part thereof), with or without notice, and that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the website.

18. RESOLUTION OF DISPUTES AND RELEASE OF THE COMPANY

YOU AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY TRANSACTIONS. If there is a dispute between participants on the website, or between Users and any third parties, you understand and agree that the Company is under no obligation to become involved. YOU HEREBY RELEASE THE COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS, AND SUCCESSORS FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OF NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES.

General Terms of Use

19. Fees & Services

There are fees associated with using CottageCountry.com to submit an offer, tender, or bid on a property listed on the site. We charge fees for using our services, such as posting a property, payment processing Fees, Coordination of travel etc. When you post a property or use a Service that has a fee you have an opportunity to review and accept the fee that you will be charged, which the Company may change from time to time. The Company reserves the right to change the fees for CottageCountry.com's existing or new Services, or for promotional events, and such changes are effective immediately. Each User who is Posting or Submitting to CottageCountry.com is responsible for said content and for compliance with the Terms of Use. All fees paid will be non-refundable in the event that such content is removed from the website for violating the Terms of Use.

Pay per Booking Properties

Property owners may choose Pay-Per-Booking listings rather than our regular subscription model. These accounts will have no upfront payment, but agree to pay commission as outlined in the signup process. Commission levels are always subject to change with due notice. The full commission schedule and payout terms can be found in our FAQ section.

These accounts are subject to the additional terms, conditions and requirements outlined in the sign up for such an account, including those of our third party providers. Online booking and payments is required for all pay-per-booking listings.

Pay-per-booking listings may be updated to subscription listings at any time, however any bookings already made shall remain subject to applicable pay-per-booking fees and commissions.

Cancellation policies are required for all pay-per-booking listings, and requirements for such cancellation policies are outlined on your account dashboard in the listing setup. To the fullest extent legally permissible, owners who list their properties in a pay-per-booking listing, agree to rent such properties through such listing and not through any other means.

Reservation Payouts

Reservation bookings that are processed on CottageCountry.com through our booking system will be paid out to the owners in accordance with the terms of use outlined in our help section. Property owners can refer to their reservation manager to see expected payout dates and a complete list of transactions. CottageCountry collects these payments and holds the funds in escrow until the owner refund policy lapses at which time the payout is delivered to the owner.

To utilize the system property owners agree to have the funds deposited through direct deposit based on the bank account information provided or by cheque. CottageCountry.com is not responsible for members submitting errant information causing a bank deposit error. By using this system you are in agreement on the payout schedule and refund terms. Refund terms and policies are fully outlined in our help section and can be updated through your accwount dashboard. Payments that fall outside these guidelines and regulations will not qualify for a refund. Travellers booking through our system are also subject to these same regulations as outlined in the signup process.

Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees and applicable taxes associated with CottageCountry.com's services in a timely manner with a valid payment method. If your payment method fails or your account is past due, the Company may collect fees owed using other collection mechanisms, including, but not limited to, charging other payment methods on file with the Company, retaining collection agencies and legal counsel, etc.

20. Payment Terms & Orders

Payment must be received by the Company prior to a Property Holder's acceptance of a Posting placed through CottageCountry.com. Payment will be made through PayPal. You must provide your exact billing address and telephone number, being the address and telephone number that your credit card's bank has on file for a credit card utilized through PayPal. Incorrect information may cause a delay in processing an order. The Company may invoice parts of an order separately.

The User is responsible for all taxes associated with the Posting or transaction, however designated and/or whether or not charged by the Company on the applicable invoice. Incorrect information may cause a delay in processing a Posting. If applicable, a separate charge for taxes will be shown on the Company's invoice.

Auto Renewal Option

All property listings will be auto renewed for your convenience insuring that your property listing remains live and no bookings or ad views are missed. By agreeing to our terms of use you are authorizing the auto renewal of your listing and the renewed payment at our current pricing levels. You agree to have the payment taken from your credit card on file 7 days prior to the expiry of your current listing. This feature can be enabled or disabled at your choosing from your listing dashboard in your settings next to each listing.

In order to ensure a smooth automatic billing cycle by minimizing payment disruptions due to account changes, we work with Moneris Solutions and the account updater service. We are able to extend your automatic renewal and prevent any unwanted advertising downtime. Visa Account Updater and MasterCard Automatic Billing Updater are mechanisms for updating cardholder account information electronically among participating card issuers, payment processors, and merchants who accept account-on-file transactions.

To protect against the risk of liability, the Company has at times requested, and may continue to request, we hold Renter's funds until an offer, tender, or bid has been accepted by the Property Holder.

Subscription Refund Policy

Subscription Term: All subscription listings are sold to run the full term that is chosen by the member. The term begins on the date that the member submits payment and expires on the last date of the term chosen by the member.

Refund Requests: Generally, no refunds are available unless a member qualifies for a refund under any guarantee program we may have in effect.

Upon renewal of your subscription, either manually or through our automated process, your listing will remain online for the entire subscription period without refund. If you sell your property and no longer wish for the listing to remain online, please contact us and we can remove the listing; however, no refund will be owed.

21. Violations of Terms of Use & Termination

The Company reserves the right to seek all remedies available at law and in equity for violations of the Terms of Use, including the right to block a User and/or access from a particular Third Party Site to CottageCountry.com, and, if deemed appropriate in the Company's sole and absolute discretion, contact the appropriate law enforcement agencies. The Company may, in its sole and absolute discretion, terminate or suspend a User's access to all or part of CottageCountry.com at any time, with or without notice to such User, for any reason. The Terms of Use shall survive the termination of use of CottageCountry.com, including, but not limited to, all waivers of liability and disclaimers contained herein.

22. Jurisdiction/Governing Law

CottageCountry.com is operated and controlled by the Company from its offices and resides on servers located within the Province of Ontario, Canada, but can be accessed from jurisdictions whose laws may differ from those of the Province of Ontario. By accessing CottageCountry.com, you agree that the laws of the Province of Ontario and the laws of Canada applicable therein shall govern as to the interpretation, validity, and effect of the Terms of Use, notwithstanding any conflict of laws provisions, or your domicile, residence, or physical location. All prices listed on CottageCountry.com are in Canadian dollars and all charges will be processed in Canadian dollars.

WWW.COTTAGECOUNTRY.COM MAKES NO WARRANTY OR REPRESENTATION THAT ANY OR ALL CONTENT AND/OR SERVICES PROVIDED ON OR THROUGH WWW.COTTAGECOUNTRY.COM, OR ANY OTHER MATERIALS OR SERVICES REFERENCED THEREIN, ARE LAWFUL IN OTHER JURISDICTIONS OR AVAILABLE FOR USE IN ALL JURISDICTIONS. You agree that if you access CottageCountry.com outside of Ontario, you are responsible for compliance with local laws. You consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to the Terms of Use (including, but not limited to, a breach thereof), your use of CottageCountry.com, and/or any other proceeding involving CottageCountry.com, either directly or indirectly.

23. Language and Communications

The Terms of Use and all communications and documents relating hereto shall be expressed in the English language. Les parties ont exigé que ce contrat d'utilisation ainsi que tous les communications et documents s'y rattachant soient exprimés dans la langue anglaise.

You further acknowledge and agree that all communications and documents between you and the Company with respect to your use of CottageCountry.com may take place electronically and that all such electronic notices, agreements, and other communications from the Company shall be the legal equivalent of written communications.

24. General

Section headings are provided for convenience of reference and do not constitute part of the Terms of Use. Any references to a particular section of the Terms of Use shall be deemed to include reference to any and all subsections thereof. If any provision of the Terms of Use is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Waiver by the Company of a breach of any provision of the Terms of Use or the documents it incorporates by reference will not operate or be interpreted as a waiver of any other or subsequent breach. If any part of the Terms of Use shall be adjudged by any court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby and shall be enforced to the maximum extent permitted by applicable law. If any provision set forth in the Terms of Use is determined to have failed of its essential purpose, then all other provisions of the Terms of Use, including the limitations of liability and exclusions of damages, shall remain in full force and effect. If an ambiguity or question of intent arises with respect to any provision of the Terms of Use, the Terms of Use will be construed as if drafted jointly by the Company and the User and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of the Terms of Use.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF WWW.COTTAGECOUNTRY.COM OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

25. Consenting to Terms of Use

By visiting or using CottageCountry.com, you agree:

  • that you have full power, authority, and legal capacity to enter into this agreement to comply with these Terms of Use and follow its obligations and are at least 18 years of age;
  • to provide complete and accurate information to the Company, including, but not limited to, information required to register with CottageCountry.com and all credit card information;
  • that your credit card company and bank will honour the charges incurred by you;
  • that you will pay all charges that you incur at the then-current rates;
  • to provide for your own access to the CottageCountry.com, including, but not limited to, obtaining and maintaining all telephone, computer hardware, software, and other equipment and paying all related charges;
  • NOT to upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
  • NOT to delete or modify any author attributions, legal notices, or other proprietary designations or labels in any file that is uploaded; and/or
  • NOT to incorporate any information from CottageCountry.com into any other directory, product, or service.

This document was last updated on April 23, 2014

Copyright © 2008-2014 1760335 Ontario Inc. All Rights Reserved. CottageCountry.com services and benefits are offered in Canada by 1760335 Ontario Inc. Users of CottageCountry.com agree to be bound by the terms of the CottageCountry.com Terms of Use.

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