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Thursday, August 28, 2008

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TERMS & CONDITIONS OF USE OF NAMEYOURPRICEVACATIONRENTALS.com

NAME YOUR PRICE VACATION RENTALS is owned and operated by NAMEYOURPRICEVACATIONRENTALS.com, Inc., a Nevada Corporation (“NAME YOUR PRICE VACATION RENTALS”, "NameYourPriceVacationRentals.com”, or “we”). This web site (“Site”) is intended for personal, noncommercial use. This Agreement describes the terms and conditions applicable to the services available through this Site.

1. ADOPTING THE TERMS OF THIS AGREEMENT.
BEFORE SUBMITTING AN ACCOUNT REGISTRATION FORM AND/OR USING ANY OF THE SERVICES PROVIDED ON THE SITE, PLEASE READ ALL OF THIS AGREEMENT CAREFULLY BY ACCESSING ANY AREAS OF THIS SITE, YOU AGREE TO BE LEGALLY BOUND WITHOUT LIMITATION, QUALIFICATION, OR CHANGE AND TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE OUR AGREEMENT (“AGREEMENT”). If at any time you do not agree with any part of this Agreement, YOU MUST DISCONTINUE USE OF THIS SITE. NAME YOUR PRICE VACATION RENTALS reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting amended terms on this Site. We recommend that you review these terms and conditions periodically. The amended terms shall be effective from and after the date that they are posted on the Site.

2. THE PURPOSE OF THIS SITE.
This Site merely provides the communication system and means to allow a potential renter or purchaser (each, a “Renter”) to name his or her price on a specific date (or dates) in a specific location for rental property (each a “Request”) and have the owners of the rental properties or its managers or agents, who advertise through our Site (each a “Member”) to choose whether they are willing to accept such Request. The Site also lists various properties available for rent and provides links to other rental properties websites. We do not own and we do not contract for any vacation rental property listed on the Site. WE ARE NOT A PARTY TO ANY RENTAL OR SALE/PURCHASE TRANSACTION. We are not involved in the actual transaction between Renters and Members even though we may from time to time provide tools that enable a Renter to enter into a transaction to lease a specific property directly from a Member.

3. LINKS TO OTHER WEBSITES AND SERVICES.
Our Site may include links to other sites on the Internet that are owned and operated by Members and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through any Member and third-party site. The presence of a link to a Member or third-party site does not constitute or imply NAME YOUR PRICE VACATION RENTALS’ endorsement, sponsorship, or recommendation of the third-party, or of the content, products or services contained on, or available through, any such third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. YOUR USE OF THOSE THIRD PARTY SITES IS SUBJECT TO THE TERMS OF USE AND PRIVACY POLICIES OF EACH SITE; AND, WE ARE NOT RESPONSIBLE FOR THEREIN. We encourage all Renters to review said terms of use and privacy policies of Members or other third-parties’ sites.

4. DISCLAIMER REGARDING ACCURACY OF MEMBERS INFORMATION.
All property listings on the Site are submitted by the Members and are the responsibility of the Members, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, property reviews, guest book entries, or any alleged breaches of contract on a Member's part. Members are solely responsible for keeping their property information up to date on the Site, including, but not limited to any and all representations about any property, its amenities, location, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property reviews, guest book entries, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where Renters have searched for specific special offers, dates, or types of properties. Members are solely responsible for ensuring the accuracy of any property descriptions.

5. NOTICE TO ALL RENTERS.
Renters are responsible for conducting their own investigation regarding any rental property available for rent on the Site. Renters assume all liability for use of this Site. Be aware that each Member or other rental property provider has its own Refund/Cancellation Policies. WE ARE NOT RESPONSIBLE FOR THE REFUND OF RENTAL FEES FOR ANY REASON.
We make the following common sense suggestions to renters:
(1) Whenever possible Renters should inspect the property prior to sending any money. If it is not possible for you to physically inspect the property, ask for additional pictures and/or references from others who have stayed at the property you wish to rent.

(2) Request a copy of the rental agreement including all policies and procedures from the Member or other rental property provider.
(3) Do not pay by cash or by debit card. Paypal or credit cards are recommended forms of payment.
(4) Before making a final decision on renting a property, it is best to speak to the Member or other rental property provider by phone. Ask questions. If you are not comfortable with the answers, do not rent the property.

6. NOTICE TO MEMBERS.
As more fully described in the Members Agreement, Members are responsible for conducting their own investigation regarding any Renters that registered with and used the Site. Members assume any and all liabilities for confirming the identity of the Renters and their ability to pay for transactions.

7. PERMITTED USE OF THIS SITE.
You may only use this Site to view or list properties for rent, make or accept Requests. You shall not use this Site to make any speculative, false or fraudulent Requests or listings of available rental property. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to provide correct and true information in connection with your use of this Site and you agree to promptly update any information you supply (if applicable) in order to keep it current, complete and accurate. Fraudulent users will be prosecuted to the fullest extent of the law.
Accordingly, as a condition of using this Site, you agree not to use this Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is unlawful or prohibited by this Agreement.
The content and information on this Site (including, without limitation, price and availability of rental properties), as well as the infrastructure used to provide such content and information, is proprietary to NAME YOUR PRICE VACATION RENTALS or its Members and other providers. In addition, whether or not you have a commercial purpose, you agree not to:
(1) deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this Site, or any postings which advocate illegal activity;
(2) deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
(3) use this Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
(4) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
(5) use this Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
(6) attempt to gain unauthorized access to this Site, any related website, other accounts, computer system, or networks connected to this Site, through hacking, password mining, or any other means;
(7) obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site, including harvesting or otherwise collecting information about others such as email addresses; and
(8) access, monitor or copy any content or information of this Site using any robot, spider, bot, scraper or other automated means or any manual process for any purpose without express written permission of NAME YOUR PRICE VACATION RENTALS.
We reserve the right to cancel any Request or any other transaction that we reasonably believe to have been fraudulently made, including without limitation, by unauthorized use of a credit or debit card.

8. ONLINE REGISTRATION PROCESS AND YOUR ACCOUNT.
You may register to utilize this Site by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the currency, completenes and accuracy

of your registration data, and any loss caused by your failure to do so is your responsibility. As part of the registration process, you will be asked to choose a security question. It is entirely your responsibility to maintain the confidentiality of your security question and your account. Additionally you are entirely responsible for any and all activities that occur under your account. You agree to notify NAME YOUR PRICE VACATION RENTALS immediately of any unauthorized use of your account. NAME YOUR PRICE VACATION RENTALS is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.

9. COPYRIGHT NOTICE.
You acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, "Content") and the arrangement and compilation of the Content are intellectual property and copyrighted works of NAME YOUR PRICE VACATION RENTALS and/or its Members and other rental properties that provide services through this Site. Reproduction or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code and all applicable international copyright treaties and conventions, including without limitation, the Berne Convention and the Universal Copyright Convention.

10. SERVICE MARK NOTICE.
“NAME YOUR PRICE VACATION RENTALS” and “NAMEYOURPRICEVACATIONRENTALS.COM” are pending registration service marks of NAME YOUR PRICE VACATION RENTALS. Other services and company’s names identified on this Site may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of a third-party. The use on this Site of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through this Site, should not be construed as an endorsement or sponsorship of this Site by any such third-party, or the participation by such third-party in the offering of goods, services or information through this Site.

11. DISCLAIMERS.
WARRANTIES. ALL CONTENT OF THIS SITE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN “AS IS” BASIS.
NAME YOUR PRICE VACATION RENTALS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NAME YOUR PRICE VACATION RENTALS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.
NAME YOUR PRICE VACATION RENTALS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS.
NAME YOUR PRICE VACATION RENTALS IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
CONFIDENTIALITY. YOU ACKNOWLEDGE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU ACKNOWLEDGE THAT BY SUBMITTING COMMUNICATIONS TO NAME YOUR PRICE VACATION RENTALS AND BY POSTING INFORMATION ON THE SITE, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND NAME YOUR PRICE VACATION RENTALS OTHER THAN PURSUANT TO THIS AGREEMENT.

12. LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NAME YOUR PRICE VACATION RENTALS, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE

THE SITE AND ITS CONTENTS (COLLECTIVELY THE “COVERED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
FURTHER, COVERED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY MEMBER’S OR RENTER’S FAILURE TO COMPLY WITH THE RENTAL AGREEMENT ENTERED BETWEEN THE MEMBER AND THE RENTER AND FOR THEIR FAILURE TO COMPLY WITH APPLICABLE FEDERAL, STATE OR LOCAL LAW.

13. RELEASE
DISPUTES BETWEEN RENTERS AND MEMBERS OR OTHER RENTAL PROPERTIES PROVIDERS SHALL BE SETTLED BETWEEN THEM WITHOUT OUR INVOLVEMENT SINCE WE ARE NOT PARTY TO ANY RENTAL TRANSACTION. IN THE EVENT THAT RENTERS HAVE A DISPUTE WITH ONE OR MORE MEMBERS OR OTHER RENTAL PROPERTIES PROVIDERS (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN A RENTER AND A MEMBER REGARDING A RENTAL TRANSACTION), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE AND ANY COVERED PARTY FROM ANY AND ALL CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

14. INDEMNIFICATION.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE SITE AND COVERED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN RENTERS AND MEMBERS REGARDING ANY RENTAL TRANSACTION), ANY INFORMATION PROVIDED BY YOU TO THE SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS.

15. CHOICE OF LAW AND VENUE.
The Site is operated and provided in the State of Florida. This Agreement is governed by the Law of the State of Florida, without giving effect to any choice of law rules. The venue will be in Palm Beach County, Florida.

16. COMPLIANCE WITH LAWS.
Renters and Members assume all knowledge of applicable law and are responsible for compliance with any such laws. Renters and Members may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements.

BY CLICKING BELOW AND CONTINUING TO USE THIS SITE, I HEREBY ACKNOWLEDGE AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.