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THE FOLLOWING DESCRIBES THE TERMS ON WHICH LIVE LIKE A GERMAN, LLC OFFERS YOU ACCESS TO OUR SITE AND SERVICES.
1. GENERAL TERMS AND CONDITIONS
1.1 Verify rental conditions with the owner: LLAG assumes no responsibility for the accuracy of information contained in the vacation rentals ads herein. It is suggested that potential renters visit properties in advance to confirm all terms of their intended rental. While we know that it is often difficult to do this, it is the only method we know of for you to guarantee that your vacation rental will meet your needs. In lieu of visiting the property in advance, we advise renters to ask owners in advance all their particular questions and concerns, prior to entering into a rental agreement. LLAG is very selective with property owners and the offered vacation rental apartments on our site. We will provide you with as much information as possible prior to your trip about your desired vacation apartment. We highly recommed you inspect the property with the owner as soon as you enter the premise and let the property owner know in case of any problems.
1.2 Typographic errors / error in content of vacation rentals ads: LLAG, homeowners and agencies are not responsible for typographic errors; and conditions described in the vacation rental ads are subject to change without notice. Information contained in advertisements is neither confirmed nor warranted by LLAG. Confirmation of information printed herein is the responsibility of the renting party.
1.3 Request for feedback: Renters are requested to inform the publisher of any extraordinary (good or bad) experiences they may have with any of the homes listed. We treat this information very seriously to make sure we offer a good quality selection of vacation rentals on our site. Therefore any feedback we can obtain about a vacation rental based on a renter's own experience is very important to us.
1.4 No Liability for Rental contracts between renter and property owner: For the avoidance of doubt, your use of LLAG to search for or inquire about vacation rental properties makes you subject to our Terms and Conditions. By using LLAG you specifically agree to release and hold LLAG and its Affiliates harmless from any cause of action arising from your transaction with one of our property owners / advertisers. LLAG is merely facilitating a rental agreement between the renter and the property owner, therefore LLAG is not liable for any damage, cause or action that could arise from a transaction between renter and property owner.
1.5 Neutral Venue: Our Site is an online venue through which users find and learn about vacation rentals. Our Site is merely a venue for users to learn about properties in Germany, if they wish, arrange stays using our automated online booking system. We are not involved in the actual face-to-face contact between user and property owners in Germany. As a result, we have no control over the conduct of our users and property owners or the truth or accuracy of the information that users or property owners post on the Site.
1.6 Identity Verification: We make no attempt to confirm, and do not confirm, any user's or property owner's purported identity. You are responsible for determining the identity and suitability of others who you may contact by means of this Site. We do not endorse any persons who use or register for our Services, whether as guests or property owners. We do not investigate any user's or property owner's reputation, conduct, morality, criminal background, or verify the information that any user or property owner submits to the Site. We encourage you to communicate directly with potential property owners through the tools available on the Site and to review your property owners’ apartment detail pages for feedback from other users.
1.7 Your Experience with Other Users: You are solely responsible for your interactions with other users or property owners of our Services. We will not be responsible for any damage or harm resulting from your interactions with other users or property owners of our Services. We reserve the right, but have no obligation, to monitor interactions between you, other users, and property owners of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
1.8 Release: By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or property owners will be limited to a claim against the particular user, or property owner who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from LLAG. You release LLAG from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of 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 other users or property owners on the Site or your experience as a guest or property owner in connection with the Site. Further, you waive California Civil Code section 1542, which provides: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." As set forth in Section 17, interpretation of this agreement is governed by the laws of the State of California and the United States of America.
2. USER CONDUCT
2.1 Site Rules and Restrictions. In connection with your use of our Services, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:
(a) violate any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights, including but not limited to subleasing an accommodation without the rights to do so;
(c) interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(e) use our Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
(f) "stalk" or harass any other user of our Services or collect or store any information about any other user other than for purposes of transacting as an LLAG guest and property owner with one another;
(g) offer, as a property owner, any accommodations that you do not yourself own or rent in as living space (without limiting the foregoing, you have to disclose in case you list accommodations as a property owner if you are serving in the capacity of a rental agent or listing agent for a third party property owner);
(h) register for more than one user account or register for a user account on behalf of an individual other than yourself;
(i) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(j) use automated scripts to collect information or otherwise interact with the Service or the Site;
(k) use the site to find a property owner or guest and then complete the transaction offline in order to circumvent your obligation to pay for the Service;
(l) submit any listing with a false or misleading price, or submit any listing with a price that you do not intend to honor; or
(m) advocate, encourage, or assist any third party in doing any of the foregoing.
The foregoing is merely a list of examples of prohibited conduct. LLAG reserves the right to cancel a user or property owner account or take other appropriate actions in its sole discretion in response to any inappropriate conduct, or for no reason at all.
2.2 Disputes with Other Users or Property Owners. You are solely responsible for your interactions with other LLAG users or Property Owners. We reserve the right, but have no obligation, to monitor disputes between you and other users or property owners.
2.3 Listing Prices. If you as a property owner post a listing offering accommodation through the Site which is accepted by you and a guest, you acknowledge and agree that the price you specify for that listing will constitute an essential part of a binding agreement between you and the guest. You further agree not to alter the price once accepted.
3. MINORS MAY NOT USE SERVICES.
You must be at least 18 years old to register to use the Services. By registering to use our Services, you represent that you are over 18.
5. YOUR CONTENT.
5.2 Content Restrictions. You are solely responsible for any content that you submit, post or transmit via our Services. You may not post or submit any content that:
(a) infringes the copyright, trademark, or other intellectual property rights of any person;
(b) is defamatory;
(c) contains nudity or sexually explicit content, or is otherwise obscene;
(d) may disparage any ethnic, racial, sexual, religious, or other group by stereotypical depiction or otherwise;
(e) depicts individuals under 18 years of age;
(f) depicts or advocates the use of illicit drugs;
(g) makes use of offensive language or images;
(h) characterizes violence as acceptable, glamorous or desirable; or
(i) provides a link to any other websites.
5.3 No Obligation to Post Content. We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
6. THIRD-PARTY CONTENT.
In using our Services, you may be exposed to content and information from other users or third parties ("Third-Party Content"), either at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third-Party Content, including without limitation, profiles of other users of our Services.
7.1 Fee Structure: In exchange for providing the Service, LLAG adds a small portion of the property owner's price of each stay as a service fee, which is already included in the rental offer price. As a guest, you agree to pay the amount provided to you in the rental offer by LLAG for the property you have chosen to stay. As a property owner, posting a listing is free, but a property owner is encouraged to offer LLAG a rebate to decrease overall cost of the rental. Some optional services or functionality may incur additional fees, and may require paying directly to the property owner in Germany during your stay.
7.2 Payment Logistics: If you find a listing that you are interested in, and you accept a rental offer, you have to pay a down-payment (or full-payment if first day of travel is less than 50 days in advance) via Paypal or Google Checkout. Details of the payment logistics will be provided in the rental offer.
7.3 Cancellation and Refunds: If you cancel your reservation request, LLAG will return the funds to you in accordance with its cancellation policy. The cancellation policy is described in detail in the rental offer.
7.5 Taxes/LLAG's Role: LLAG does not do business as an owner or operator of hotel or motel rooms, nor is it a provider of rooms, lodging or accommodations. Neither does LLAG own, sell, resell, furnish, provide, rent, re-rent, manage and/or control hotel rooms, motel rooms or any other lodgings or accommodations. LLAG does not act as an agent for any providers or users of hotel rooms, motel rooms, or other lodging or accommodations. LLAG merely makes available a marketplace for Property Owners and Travelers to meet and arrange for accommodations. LLAG is not a contracting agent or representative of the Property Owner or Traveler. Instead, LLAG's role is solely to facilitate the availability of this marketplace for the Property Owner and Traveler and to provide services related thereto, and any agreement for the use of any accommodations is solely between the Property Owner and Traveler, and not LLAG. You understand that we are acting solely as an intermediary for the collection of rents and fees between you and any property owner or guests with whom you choose to enter into a transaction.
7.6 Damages. As a guest, you are responsible for leaving the property in the condition that it was given to you. In the event that a property owner claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given 48 hours to respond, the payment will be taken from the security deposit. If there is no security deposit, you will be required to remit payment.
8. PROPRIETARY RIGHTS.
8.1 Our Intellectual Property. 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. "Live Like a German," "LLAG," and "www.live-like-a-german.com" are trademarks of LLAG protected by federal and state law; you agree not to use such marks for any purpose, including but not limited to as metatags on other websites, in written materials or otherwise.
8.2 Your Use of Our Intellectual Property. You may not systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise. 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 contacting us at firstname.lastname@example.org. You may, however, establish ordinary links to the homepage of our Site without our written permission, and you may make use of embedded HTML "widgets" if we have provided the HTML code.
9. USERNAME AND PASSWORD.
In case we will provide a user or property owner login you will select a username and password as part of the registration process. You are solely responsible for the confidentiality and use of your username and password. You must: (a) log off from your account at the end of each session on our Site; and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services. Upon termination we will promptly pay you any hosting fees held in escrow and due to you, less our Service Fee.
11. MODIFICATION OF SERVICES.
We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
12. LEGAL COMPLIANCE.
You shall use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations.
13. DISCLAIMER OF WARRANTIES.
13.1 IF YOU USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT LLAG DOES NOT CHECK ANY GUEST, PROPERTY OWNER, OR OTHER USER’S BACKGROUND OR RECORD. LLAG IS A REPUTATION-BASED SYSTEM. TAKE ADVANTAGE OF OTHER USER’S COMMENTS AND THIRD-PARTY REFERRALS ON PROPERTY OWNERS AND GUESTS. USE COMMON SENSE. BE AWARE AND BE SAFE. 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.
13.2 WE DO NOT WARRANT THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
13.3 IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION.
13.4 NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.