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Terms and
Conditions of Use Agreement |
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The following website
is an on-line information and communication service provided
by TeacherHomeSwap Corporation ("TeacherHomeSwap")
which is aimed at the exchange of housing services on
the international market for teachers. Your use of this
website and our program signifies Your agreement to the
Terms and Conditions (as defined below). All of the hereinafter
paragraphs do not represent all of the terms of your exchange
but cover the terms of use of this website and service.
Detailed terms of your specific exchange can be found
in the latter part of this document in Section II. |
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SECTION I |
| 1. |
YOU ACKNOWLEDGE AND AGREE THAT ON BEHALF OF YOURSELF
THAT YOU HAVE READ THIS AGREEMENT CAREFULLY The provisions
hereof along with the applicable provisions of the License
Agreement are referred to as the "Terms and Conditions."
If You do not agree to the Terms and Conditions, You may
not access or otherwise use the website or its services
and should use Your browser's "Back" button
to exit the website. From this point forward the term
"website" is meant to refer to this site which
is located at http://www.teacherhomeswap.com |
| 2. |
TeacherHomeSwap may monitor Your use of its website,
and may freely use and disclose any information and materials
received from You or collected through Your use of its
website for any lawful reason or purpose. TeacherHomeSwap
may remove from the website any postings which TeacherHomeSwap
deems inappropriate or unsuitable, without notice or liability. |
| 3. |
TeacherHomeSwap reserves the right, at its sole discretion,
to change, modify, add or remove any portion of this Agreement,
in whole or in part, at any time. Notification of changes
in the Agreement will be posted on the website. |
| 4. |
The website is protected by copyright as a collective
work and/or compilation, pursuant to U.S. copyright laws,
international conventions, and other copyright laws. All
materials contained on the Website ("Content")
are protected by copyright, and are either owned, controlled
or licensed by TeacherHomeSwap. You will abide by any
and all additional copyright notices, information, or
restrictions contained in any Content. Unless otherwise
explicitly stated on the Website, You may print but may
not otherwise download the Content without the express
written consent of TeacherHomeSwap, provided that You
maintain all copyright and other notices contained in
such Content. |
| 5. |
TeacherHomeSwap may change, suspend or discontinue any
aspect of the Website or your use of it's site or services
at any time, including the availability of any Website
feature, database, or Content. TeacherHomeSwap may also
impose limits on certain features and services or restrict
Your access to parts or all of the Website without notice
or liability. |
| 6. |
You represent, warrant and covenant that: (a) You are
of the age of majority in Your state, country or province
and (b) You shall not upload, post or transmit to or distribute
or otherwise publish through the Website, any material
which (i) restricts or inhibits any other user from using
or enjoying the Website, (ii) in TeacherHomeSwap's discretion
is unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, offensive, pornographic, profane, sexually
explicit or indecent, (iii) constitutes or encourages
conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate law, (iv)
violates, plagiarizes or infringe the rights of third
parties including, without limitation, copyright, trademark,
patent, rights of privacy or publicity or any other proprietary
right, (v) contains a computer virus or other harmful
component, (vi) constitutes or contains false or misleading
indications of origin or statements of fact. |
| 7. |
You acknowledge that equipment ("Equipment")
and technical data (such as specifications, images, plans,
and information on use, access, deployment, or functionality)
of such Equipment ("Technical Data") presented
on the Website may be subject to the export control laws
and regulations of the United States and to the import
control laws and regulations of foreign countries or jurisdictions.
You represent and warrant that, if necessary, You will
obtain prior written authorization from the Bureau of
Export Administration or Department of Commerce of your
state, country or province or other relevant agency of
the country which you are domiciled in, regarding any
export or re-export, directly or indirectly (including
by disclosing to a foreign national), of Equipment or
Technical Data to (i) any country destination to which
export is restricted by the Export Administration Regulations
of the United States Department of Commerce; (ii) any
country subject to sanctions administered by the Office
of Foreign Assets Control, Department of the Treasury
(including but not limited to its list of Specially Designated
Nationals); or (iii) such other countries to which export
is restricted by any other United States government agency.
You further agree that You are solely responsible for
compliance with export laws as well as the import laws
and regulations of the country of destination of the export,
and any other import requirement related to a permitted
export; and You represent and warrant that You are solely
responsible for any claims, litigation or other actions
arising from Your non-compliance with any of the foregoing
laws, whether foreign or domestic. You warrant and represent
that such any data submitted on this site (i) complies
with the foregoing laws and regulations; (ii) does not
contain any restricted or illegal content; and (iii) will
not cause TeacherHomeSwap or the Website to be deemed
an exporter of restricted Technical Data. |
| 8. |
You hereby agree to indemnify, defend and hold TeacherHomeSwap,
and any of its officers, directors, owners, agents, employees,
information providers, affiliates, licensors and licensees
(collectively, the "Indemnified Parties") harmless
from and against any and all liability and costs, including,
without limitation, regulatory penalties, attorneys fees
and costs incurred by the Indemnified Parties in connection
with any claim arising out of Your use of the Website
or any breach by You of the Terms and Conditions, including,
but not limited to, all liability and costs to TeacherHomeSwap
for Your infringement of any of Your warranties, representations
or acknowledgments herein. You shall cooperate as fully
as reasonably required in the defense of any claim. TeacherHomeSwap
reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise
subject to indemnification by You and You shall not in
any event settle any matter related hereto without the
written consent of Company. |
| 9. |
The Website may contain links and pointers to other
World Wide Web Internet sites, resources, and sponsors
of the Website. Links to and from the Website to other
third party sites, maintained by third parties, do not
constitute an endorsement by TeacherHomeSwap or any of
its subsidiaries or affiliates of any third party resources,
or their contents. |
| 10. |
TeacherHomeSwap does not represent or endorse the accuracy
or reliability of any advice, opinion, statement, or other
information displayed or distributed through the Website.
You acknowledge that any reliance upon any such opinion,
advice, statement, memorandum, or information shall be
at Your sole risk. TeacherHomeSwap reserves the right,
in its sole discretion, to correct any errors or omissions
in any portion of the Website. |
| 11. |
TeacherHomeSwap does not and cannot review all materials
posted to the Website, and TeacherHomeSwap is not responsible
for any such materials posted by users. However, TeacherHomeSwap
reserves the right at all times to disclose any information
as necessary to satisfy any law, regulation or government
request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, that in TeacherHomeSwap's
sole discretion are objectionable or in violation of the
Terms and Conditions. |
| 12. |
The Website, including all Content, software, functions,
materials and information made available on or accessed
through the Website, is provided "as is." To
the fullest extent permissible by law, TeacherHomeSwap
and its subsidiaries and affiliates make no representation
or warranties of any kind whatsoever for the Content or
the materials information and functions made accessible
by the software used on or accessed through the Website,
for any products or services or hypertext links to third
parties or for any breach of security associated with
the transmission of sensitive information through the
Website or any hyperlinked site. TEACHERHOMESWAP AND ITS
SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TEACHERHOMESWAP
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE
OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE
UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TeacherHomeSwap
and its subsidiaries and affiliates shall not be liable
for direct or any indirect damages related to Your use
of the Website, including without limitation, the Content
and any errors contained therein. |
| 13. |
By posting messages, uploading files, inputting data
or engaging in any other form of communication (individually
or collectively "Communications") on or to the
Website, You hereby grant to TeacherHomeSwap a perpetual,
worldwide, irrevocable, unrestricted, non-exclusive, royalty
free license to use, copy, license, sublicense, adapt,
distribute, display, publicly perform, reproduce, transmit,
modify, edit and otherwise exploit such Communications,
in all media now known or hereafter developed. You hereby
waive all rights to any claim against TeacherHomeSwap
for any alleged or actual infringements of any proprietary
rights, rights of privacy and publicity, moral rights,
and rights of attribution in connection with such Communications. |
| 14. |
You acknowledge that transmission to and from the Website
are not confidential and Your Communications may be read
or intercepted by others. You acknowledge that by submitting
Communications to TeacherHomeSwap, no confidential, fiduciary,
contractually implied or other relationship is created
between You and TeacherHomeSwap other than pursuant to
the Terms and Conditions. |
| 15. |
This agreement shall be governed by and construed in
accordance with the laws of the United Kingdom, without
regard to conflicts of laws provisions. Sole and exclusive
jurisdiction for any action or proceeding arising out
of or related to this agreement shall be an appropriate
state or federal court located in the United Kingdom. |
| 16. |
The Terms and Conditions constitutes the entire agreement
between TeacherHomeSwap and You with respect to Your use
of the Website. Any cause of action You may have with
respect to Your use of the Website must be commenced within
one (1) year after the claim or cause of action arises.
If for any reason a court of competent jurisdiction finds
any provision of the Terms and Conditions, or portion
thereof, to be unenforceable, that provision shall be
enforced to the maximum extent permissible so as to effect
the intent of the Terms and Conditions, and the remainder
of the Terms and Conditions shall continue in full force
and effect. |
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SECTION
II
Specific Terms and Conditions Regarding Exchanges
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| 17. |
Our Exchange may only be used for noncommercial individual
home exchange purposes. When a user joins our site, they
agree not to contact TeacherHomeSwap members for any other
purpose than to arrange a personal home exchange. |
| 18. |
All listings, content and any other proprietary information
posted on the website are the sole property of TeacherHomeSwap
and may not under any circumstances be posted on another
web site or in any other format for any other purposes.
TeacherHomeSwap is only a venue. Although commonly
referred to as a home exchange service, we are not a
traditional "matching service". Instead, the
Site acts only as a venue to contact any other member
about a potential home exchange. TeacherHomeSwap is
not involved in the actual transaction between parties.
THEREFORE, TeacherHomeSwap has no control over the truth
or accuracy of the listings or the ability of members
to meet their obligations. We cannot ensure completion
of a promised exchange.
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| 19. |
Identity Verification. TeacherHomeSwap will use its
best efforts to verify the identity of each purported
user on the site. TeacherHomeSwap uses teacher and educational
institution records; among other data, to verify users
purported identities. Because user verification on the
Internet is difficult and may at times be unreliable,
TeacherHomeSwap also encourages you to communicate directly
with your potential home trading partners via e-mail,
telephone or direct mail before traveling. We do not control
the information provided by other users that is made available
through our system. Please use common sense and caution
when using the Site. By using this Site, you agree to
accept such risks and TeacherHomeSwap is not responsible
for the acts or omissions of users on the Site. |
| 20. |
Release. Because TeacherHomeSwap is a venue, in the
event that you have a dispute with one or more users,
you release TeacherHomeSwap (and our officers, directors,
agents, subsidiaries, joint ventures and employees) from
claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, arising out
of or in any way connected with such disputes. |
| 21. |
Listing Description. You must be legally able to trade
the property you list for exchange on the Site. You must
describe your home accurately on the listing page of the
Site. |
| 22. |
Breach. Without limiting other remedies, we may limit
your activity, immediately remove your listing, temporarily
suspend, indefinitely suspend or terminate your membership
and refuse to provide our services to you if: (a) you
breach this Agreement; (b) we are unable to verify or
authenticate any information you provide to us; or (c)
we believe that your actions may cause financial loss
or legal liability for you, our users or us. |
| 23. |
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS,
DIRECTORS, OR EMPLOYEES BE LIABLE FOR LOST PROPERTY OR
ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR
THIS AGREEMENT.
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES,
OFFICERS, DIRECTORS AND EMPLOYEES, TO YOU OR ANY THIRD
PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER
OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS
PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
Some States do not allow the exclusion or limitation
of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
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| 24. |
You shall comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your
use of our service and your listing. |
| 25. |
25. Any fees paid to TeacherHomeSwap are final and non-refundable.
Refunds may be granted ONLY upon conclusive proof by the
purchaser that they were a victim of credit card fraud
or identity theft. All refunds will be decided with the
discretion of TeacherHomeSwap and are not guaranteed.
TeacherHomeSwap has set out the terms and conditions of
the exchange relationship in the above paragraphs and
urges you to read them carefully. |
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