Terms and Conditions

These terms and conditions of service and use of Book Direct OBX Vacation Rentals (together with its successors and/or assigns, the "Company," and occasionally referred to herein as "we," "us," or "our," or "Site," or "Website") are hereby made effective. They also amend and restate any prior terms and conditions without waiving or otherwise releasing any right or obligation under those prior terms and conditions.

SECTION 1 - ACCEPTANCE

By clicking “I AGREE” and/or simply by using or accessing our services and this Site, you hereby agree:

1. that you have received, read, and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof,
2. to be bound by these Terms and Conditions, any terms, conditions, or other rules, regulations, or policies of www.sweetparadiseobx.com (the “Site”) as each may be amended or supplemented from time to time in our sole discretion without notice, and
3. that your use of our services and our Site shall comply with all applicable federal, state, and local laws, rules, or regulations, and that you are solely responsible for your compliance with, familiarity with, and understanding of any such laws, rules, or regulations applicable to your use of the Site. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing our services.

SECTION 2- SELLER SUBSCRIPTIONS AND REFUNDS

Property owners can list their properties on Book Direct OBX for an annual membership fee. You authorize us to charge you a recurring subscription fee at the current rate by starting your subscription and providing payment information. We reserve the right to change subscription pricing at any time, and any changes will be communicated to you via email. By purchasing any subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive periods, at the then-current subscription rate. If you cancel your subscription, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. We reserve the right to revoke your subscription at any time. Membership is void where prohibited by law.

SECTION 3- NO PROFESSIONAL-CLIENT RELATIONSHIP

Using this website, following its recommendations, or making use of its resources does not establish a professional-client relationship between you and Book Direct OBX or any of its professionals. We cannot accept you as a client until we have determined that there is a good fit between our business services and your business needs and that all of the necessary requirements, such as fee arrangements, have been satisfied. As a result, you acknowledge that your use of this website does not create a professional-client relationship with us.

SECTION 4 - PERSONAL RESPONSIBILITY

You acknowledge that you are participating voluntarily in using our Site and that you are solely and personally responsible for your choices, actions, and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Site, and you agree to use your judgment and due diligence before implementing any idea, suggestion, or recommendation from our Site to your life, family, or business.

SECTION 5- SELLER GUIDELINES

1. Property owners or managers, which will be referred to herein as “Seller”, takes full responsibility for all information that he/she provides on the Book Direct OBX website and must indemnify Sweet Paradise Vacation Rentals in relation to any liability incurred by Book Direct OBX as a result of such information. In the course of your use of the website, you agree to furnish any details and/or information as requested by us at any time.
2. You shall remain responsible for maintaining the confidentiality of this information, as well as your display name, login, and password details. You agree that, if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the terms & conditions stated herein, we reserve the right to suspend or terminate your account on the website and/or indefinitely block you from accessing the website.
3. A Seller shall indemnify Book Direct OBX for all claims and liabilities arising out of any use by the Seller of the Book Direct OBX website, including any associated costs and expenses incurred, whether direct or indirect.
4. A Seller is not an employee of Book Direct OBX and accepts full responsibility for all income tax, national insurance and other liabilities arising from the use of the website.
5. As a registered seller, you agree to list your company property for rent on our website in accordance with our policies, which are incorporated by reference into these terms and conditions. You must be legally authorized to offer for rent any property you list on our website, as well as have all necessary licenses and permits. You must ensure that none of the listed properties infringe on any intellectual property, trade secret, or other proprietary rights, as well as third-party publicity or privacy rights.
6. Listings may only include text descriptions, graphics, pictures or videos that describe your property for rent. All items must be listed in an appropriate category on the website. The listing description of the business must not be misleading and must describe the actual condition of the business.
7. You agree not to list a single business property in multiple quantities across various categories on the website. Book Direct OBX reserves the right to delete such multiple listings of the same business property listed by you in various categories.
8. You are responsible for paying all fees associated with the use of the website and charges incurred as a result of such usage. You agree to bear any and all applicable taxes and charges levied thereon.

SECTION 6- BUYER GUIDELINES

1. It is the responsibility of the renter, which will herein be referred to as “Buyer”, to check the credentials of the Seller. Book Direct OBX is not responsible for any disputes regarding consent or any problems that a Buyer has experienced with a Seller. Book Direct OBX does not offer any guarantee that any information provided on the Book Direct OBX website is accurate and correct.
2. A Buyer cannot act as an agent to promote the services or opportunities of a company.
3. A Buyer must not publish any abusive comments about a Seller or another Buyer on the Book Direct OBX Vacation Rentals website or any other place. This includes defamatory or derogatory comments.
4. A Buyer must use his/her own judgment about the services of Seller detailed on the Website. Buyers are responsible for checking the credentials, expertise, references, and policies of any Seller with whom they confirm their purchase.

SECTION 7- PROHIBITED CONDUCT

Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:

1. Not to access the Site using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;
2. Not to engage in multi-level marketing using the Site, including, without limitation, pyramid schemes, and similar marketing concepts;
3. Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;
4. Not to solicit personal information of another person or request or obtain access to an account of another person;
5. Not to bully, intimidate, or harass any person;
6. Not to use the Site in any manner that is, or could reasonably be construed to be, in violation of these Terms and Conditions, fraudulent, misleading, malicious or discriminatory;
7. Not to take any action that could disable, overburden, or impair the operation or availability of the Site, such as a denial-of-service attack;
8. Not to engage in manipulative practices designed to obfuscate the true intent of your submissions to the Site, or to artificially generate traffic to another website;
9. Not to facilitate or encourage any violations of these Terms and Conditions;
10. Not to issue chargeback disputes against us;
11. Not to use patented, copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;
12. Not to copy, distribute or disseminate the Site or any portion thereof, and not to transfer the Site, or any portion thereof, to another person or “mirror” the Site, or any portion thereof, on any other server;
13. Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, the Site or any portion thereof.

SECTION 6- ERRORS AND OMISSIONS

This Site is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. We have taken reasonable steps to ensure that the information contained on our website is accurate, but we cannot represent that it is free of errors. You accept that the information contained on this website may be erroneous and agree to conduct due diligence to verify any information obtained from this website and/or resources available on it prior to taking any action. You expressly agree not to rely upon any information contained on this website.

SECTION 8- USER CONTENT

We enable our users with the ability to add, create, upload, submit, distribute, collect, or post (“Submitting” or “Submission”) content, videos, comments, data, text, photographs, pictures, graphics, or other information to the site for business listing (collectively, the “User Submissions”). By Submitting any User Submissions through the Site or the Service, you hereby do and shall grant Book Direct OBX Vacation Rentals a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Book Direct OBX Vacation Rentals’ (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party Sites). You also hereby do and shall grant us a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to Book Direct OBX does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing; You agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Service; You understand that Book Direct OBX shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content, or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that Book Direct OBX will not be liable for any errors or omissions in any content; and that Book Direct OBX cannot guarantee the identity of any other users with whom you may interact in the course of using the Service. Book Direct OBX cannot guarantee the authenticity of any data which users may provide about themselves or the persons or entities they are involved or affiliated with or employed by. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

SECTION 9- MODIFICATIONS TO SERVICES

Book Direct OBX shall, at its discretion, be entitled to modify the terms and conditions of the terms of use and qualifications and conditions mentioned herein. The User at all times shall be bound by the rules/regulations/qualifications/conditions (as may be altered) at all times and no person shall be entitled to dispute/challenge any such modifications by Book Direct OBX from time to time.

SECTION 10 - INDEMNIFICATION

You agree to defend, indemnify and hold us and our members, owners, directors, officers, employees, and agents harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from any content or other material you place on the Site or submit to us, or your breach or violation of the law or these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

SECTION 11 - DISCLAIMER OF WARRANTIES

1. The Site, including all its services, products, content, functions, and materials "as is" and "as available". We make no express or implied warranties, including but not limited to any warranties of availability, accuracy, usefulness, title, non-infringement, merchantability, or fitness for a particular purpose. We make no guarantees about the accuracy, completeness, or utility of any third-party content on the Site or Services. We do not endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made on the Site by any party. We accept no responsibility and will not be held liable for any damages or viruses that may infect your computer equipment, mobile device, or other property as a result of your use of this website. You are solely responsible for your use of the Site, and your only remedy, if you are dissatisfied with it, is to stop using the Site.
2. We do not:
   (I) guarantee the accuracy, completeness, or usefulness of any third-party content on the Site or Services
   (II) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will we be responsible or liable for any loss or damage resulting from your reliance on information or other content posted on or available from the Site.

SECTION 12 - LIMITATION OF LIABILITY

We, or any of our directors, members, owners, officers, employees, agents, or content or service providers (collectively, the "Protected Entities"), will not be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages arising out of, or directly or indirectly related to, the use or inability to use the Site, or the content, materials, services, and functions related to the Site, or your provision of information via the Site. This includes, but is not limited to, lost business or sales, even if the Protected Entity was warned of the possibility of such damages, which include, but are not limited to, negligence. However, some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to certain users to the extent required by applicable law.

SECTION 13 - TERMINATION

We may terminate, change, suspend, or discontinue any aspect of the Site or services at any time. We may restrict, suspend, or terminate your access to the Site and/or its services if we believe you are in breach of these Terms and Conditions or applicable law, if you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.

SECTION 14 - COMMUNICATION

If you provide us with your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the services we offer, such as administrative notices and service announcements or changes.

SECTION 15 - WAIVERS

Our failure to act concerning a breach of these Terms and Conditions by you or others does not waive our right to act concerning that breach or subsequent similar or other breaches.

SECTION 16 - FORCE MAJEURE

Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God, and similar occurrences.

SECTION 17 - GOVERNING LAW AND JURISDICTION

These Terms and Conditions will be governed by and construed in accordance with American laws, and the courts of the United States of America will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

SECTION 18 - THIRD-PARTY LINKS

Third-party links on this site may direct you to third-party Sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these third-party sites and we do not warrant, and will not have any liability or responsibility for, any third-party materials or Sites, or for any other materials, products, or services of third-parties.

SECTION 22 - COPYRIGHT TAKEDOWN PROCEDURE

We value and respect the intellectual property of others at Book Direct OBX and expect the same from our users. If a user violates our terms of service (TOS) or violates the rights of others, we may disable or terminate their account at our discretion. If you believe your work has been illegally duplicated or that your intellectual property rights have been violated, please provide the following information:

1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
3. A description of the location of the site which you allege has been infringing upon your work;
4. Your physical address, telephone number, and email address;
5. A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
6. A statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

SECTION 20 - LIMITED LICENSE

You may access and view the site on your computer or other internet-compatible devices for your personal, non-commercial use only. To the extent you need to download software or documentation to use the products or services on the site, we grant you a limited, non-assignable, non-transferable, revocable license to use such materials solely to utilize such products or services. Such license will terminate when you no longer use our services.

SECTION 21- ACCEPTING THIS TERMS OF USE

You hereby accept the fact that you have read, understood, and are willing to abide by the terms and conditions laid down in this Agreement. You further agree that the terms and conditions set out under this Agreement are fair, reasonable and just given the matters set out under this Agreement and you waive any and all rights to have any claims against us on grounds set out above.

SECTION 22 - COPYRIGHT

Copyright © 2022 Book Direct OBX All rights reserved. All materials presented on this site are copyrighted and owned by us, or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing, or distribution of all or part of any materials found on this site is expressly prohibited.