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Terms and Conditions
TERMS AND CONDITIONS – OUR USER/MEMBER/SUBSCRIBER AGREEMENT AND TERMS OF SERVICE AS OF 4/15/22
By specifically visiting the Site, registering, becoming a customer, asking for a demo, selecting an appointment time, or submitting your information, or interacting with us in any manner you agree to the following:
MYSITES assumes no awareness for the topicality, correctness, completeness, or quality of any information provided on our Site. The operators of linked websites or information providers are solely responsible for the content of their submissions. We assume no liability for the content of said links or information. Reproduction or recording on the Internet of our websites may not be made without the prior written permission of MYSITES. This also applies to storage in electronic database systems and reproduction in electronic media and film or video recordings.
The Website is an outdoor property reservation and property management system for use by RV, camping, marina, and other outdoor properties or venues to support their reservations, and bookings for their respective properties including, but not limited to advisory services, links to social media, upload functions, industry resource links, advertising materials, processing functions, payment processing, subscription accounting, guest accounting, staff management, user data and image storage and edit functions, email and administrative functions, and all other products and Websites described on MySites.com, or which MYSITES otherwise agrees to provide to you now or in the future.
User may opt to receive a demonstration of MYSITES. During the Demo, User can interact with our Team Members, receive information, be evaluated by a Team Member, purchase a subscription, and possibly contract with third party providers for services. All of the above options are at the User’s discretion and may be accepted or rejected by the User in whole or in part. Neither through the Site nor at the Demo does MYSITES promise any certain level of revenue or enhanced bookings; and User understands and acknowledges that all potential outcomes vary by location, and the User’s property among other factors. Individual results may vary and will be based on an individual User’s capabilities, experience, expertise, available space, location, space rental rates, holidays, economic conditions, energy prices, social events, insurrection, political events, weather, etc. User further understands and acknowledges that MYSITES makes no guarantee as to the level of income a User may experience. The success in obtaining increased bookings by other Users may not be indicative of the User’s level of success. User understands and acknowledges that other professional marketing materials may be required to enable MySites.com to work effectively with the User. Such materials may be purchased through third party providers arranged by MYSITES or may be furnished by the User separately to MYSITES. MYSITES reserves the right to reject any marketing materials or third-party materials in its sole discretion and without explanation or notice to the User.
LIABILITY FOR LINKS
Our site contains links to external websites, over which we have no influence. Therefore, we cannot accept any liability for this external content. The respective provider or operator of such sites is always responsible for the content of any linked site. The linked sites were checked for possible legal violations at the time of linking. Illegal contents were not recognized at that time. Permanent control of the linked pages is unreasonable without concrete evidence of a violation. Upon notification of violations, we will remove such links immediately.
The contents and works on the website pages created by MYSITES are subject to the copyright laws of the United States of America. The use, reproduction, adaptation, distribution, and any kind of exploitation outside the limits of copyright require the written consent of MYSITES. Downloads and copies of these pages are only permitted for private, non-commercial use. Insofar as the content is not created by MYSITES, the copyrights of third parties are respected. Additionally, contents of third parties will be marked as such. Should you nevertheless become aware of copyright infringement, we ask to be notified. Upon notification of violations, we will remove such content immediately.
The product or service names on these pages created by MYSITES are subject to the trademark laws of the United States of America. The use, reproduction, adaptation, distribution, and any kind of exploitation requires the written consent of MYSITES. Downloads and copies of these pages are only permitted for private, non-commercial use. Insofar as the content is not created by MYSITES, the trademarks of third parties are respected. Additionally, contents of third parties will be marked as such. Should you nevertheless become aware of trademark infringement, we ask to be notified. Upon notification of violations, we will remove such content immediately.
All product and website marks that appear on the MYSITES web site that are not MYSITES marks are the trademarks of their respective owners. References to any names, marks, products or websites of third parties or hypertext links to third party sites or information do not constitute or imply endorsement, sponsorship or recommendation of the third party information, product or website by MYSITES.
PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including, but not limited to text, software, music, sound, photographs, video, graphics, product brand names, or other material accessible to you by use of this Site is protected by copyrights, trademarks, website marks, patents or other intellectual property rights and laws. Unless you are expressly authorized to do so or unless the information is your property’s own information and image(s), you must not sell, lease, modify, copy, republish, upload, download, post, broadcast, transmit, or distribute in any way content available through the Website, including code and software. You further acknowledge and agree that any information provided by or through MYSITES is for information purposes only and is not intended to constitute professional advice and User absolves and indemnifies Sepi Marketing, Inc., its owner(s), directors, employees, and contractors from any and all liability for any information provided via this Site to the User or for the User’s benefit during any interaction with MYSITES or its owner(s), directors, employees, and contractors.
SYSTEM USE By subscribing to our Service online or through one of our marketing events or by a demo or by other means, or by selecting certain product options, we will perform some or all of the following services depending on your product selection:
- a) Provide a National Reservations and Property Management for your property
- b) Maintain Guest, and Walk-in Lists
- c) Operate Point-of-Sale, offer Invoicing, calculate Tax Rates, provide for Add-Ons and Discounts and process Payment Transactions
- d) Operate our Payment Gateways or your Payment Gateway
- e) Offer Reporting Modules for your property
- f) Allow for the Import and Export of Data
- g) Maintain Databases of Guests by property
- h) Create Marketing Materials, Emails and SMS Messages for your property
- i) Place your property’s marketing with third-party partners
- j) Create and post Social Media Marketing to support your property
- k) Create and print Guest Related Materials and Guides for your property
- l) Provide for assignment of Staff Management Roles, and Site User Permissions
- m) Provision a Learning Center to enable optimal use of the Website
- n) Offer Web Hosting and Web Tools
- o) Offer Service and Support
- p) Provide Live Chat for the Website
- q) Engage in Search Engine Optimization
SUBSCRIPTIONS and MEMBERSHIP Subscriptions are billed monthly and not in advance. You may cancel with 30 days’ notice. See NOTICES. No refunds will be provided for any partial month cancellations. Subscriptions entitle you to the services listed under that specific subscription.
POSTING PROPERTY INFORMATION AND OR SPACE AVAILABLE
The following guidelines will help Users develop postings you may have. Please note that this guide is simply that, a guide. It is not intended to be a complete list of what is permissible or prohibited.
By posting any property or venue on this Site, you hereby agree to the following:
- a) To adhere to the Site’s User, Visitor, and or Member Agreement and Terms of Service in effect at the time of your visit or posting, and as may be amended from time to time.
- b) To adhere to the Site’s Privacy Policies in effect at the time of your visit or posting, and as may be amended from time to time.
- c) To make available reservations you are seeking to fill available to all individuals and groups without regard to age, race, creed, gender, gender orientation, disability, political affiliation, or national origin.
- d) To post only real properties and reservations that are actively being filled, and not to create any form of reservation recruiting pipeline, backlog, or reservoir or to double-book a space pending cancellation.
- e) To state property’s location, amenities, and features accurately.
- f) To state the guest rates, additional charges, amenity fees, resort fees, and other charges clearly and accurately through the Site.
- g) To state clearly the check-in and check-out dates, check-in times and check-out times, hours of operation, and afterhours phone number.
- h) To not post offensive, inappropriate, abusive, threatening, obscene, hateful, harmful, seditious, defamatory, libelous, violent, or pornographic content.
- k) To post only your property, and that you have the capacity e.g. rights, license, and permission to make said post.
- l) That MYSITES has the right to repost your posting on third party media platforms.
- m) That all postings and images will be reviewed by MySites.com, which may, in its sole discretion, reject without prior notice, and that MYSITES.com may delete without prior notice any posting it later determines contravenes any policy of the Site.
- n) That you, your employees, agents, contractors or subcontractors will not use profanity with, or will not threaten, abuse, or otherwise endanger any representative of MYSITES. Any such behavior reported to MYSITES may cause the Operators of the Site to remove you, and your postings from the Site and to possibly ban you or your company or organization from the Site.
MYSITES reserves the right to reject, without prior notice, any posting or image that it deems in its sole discretion contravenes any policy of the Site, or may offend any User.
You hereby assign and grant to MYSITES the right and permission to use, alter, copy, exhibit, publish, host, or distribute photographs or likeness, videos or digital images you provide for advertising purposes, promotion or display, in all forms of media. You waive any right to royalties or other compensation arising or related to the use of said image. You, hereby, release and forever discharge MYSITES its owners, and employees, and any persons acting on behalf of MYSITES from any and all liability stemming from the publishing of said photos, videos, or images including, but not limited to, copyright infringement or piracy. You further discharge MYSITES from any and all liability for damages caused by any blurring, distortion, alteration, optical illusion, or use in composite form of said picture which may occur during the taking, processing, or production of said picture or the finished product. You warrant that any image provided by you is free from copyright or in the alternative, you have obtained photographer’s or artist’s release, and you agree to provide a copy of said release to MYSITES if so requested within five (5) days of such request.
SUSPENSION OF WEBSITE
MYSITES may, without notice of why, how, or when suspend, disconnect, deny or restrict the Website or your access to the Website: (a) during any technical failure of, modification or maintenance to the Website, but MYSITES will use reasonable endeavors to procure the resumption of the Website as soon as reasonably practicable; or (b) if you use the Website in breach of this Agreement, or if you do or fail to do anything which in MYSITES’ opinion may have the effect of jeopardizing the operation or integrity of the Website or any other website.
Despite suspension, disconnection, denial or restriction of the Website under this clause you remain liable for all charges due throughout the period of suspension, disconnection, denial or restriction. Also, see Force Majeure.
EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
To the extent permitted by law all terms, warranties, undertakings, inducements and representations relating to the Website are excluded and MYSITES will not be liable for any loss or damage (including without limitation indirect, special or consequential loss or damage) arising from the Website whether or not caused by any negligent act or omission. To the extent permitted by law, we are not liable for the unavailability of the Website at any time or for any reason, or for any failure of the Website to submit, receive or accept any calls or messages. To the extent permitted by law, MYSITES disclaims any warranty in relation to the performance, operation, reliability or availability of the Website, its products, or its chat functions. Without limiting the preceding provisions of this clause, MYSITES expressly disclaims liability for any loss, damage, costs, expenses and liabilities of whatever nature arising (directly or indirectly) from the use of products proprietary to, or provided by, third parties, or from any recommendation by MYSITES that you use or accept such products.
SITE USER CONDUCT
The Website is provided to individuals and businesses. Any unauthorized individual or commercial use of the Website, or the resale of the Website, is prohibited. You must not use the Website to solicit business for any competitive Website. You agree to abide by all applicable local, state, national and international laws, regulations, ordinances, by-laws and rules and are solely responsible for all acts or omissions that occur under your account name, including, without limitation, the content of your transmissions through the Website.
By way of example, and not as a limitation, you agree not to: (a) use the Website in connection with chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise); (b) harvest or otherwise collect information about others, including email addresses, without their consent; (c) create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message; (d) transmit through the Website unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, offensive or otherwise objectionable material; (e) transmit any material that may infringe the intellectual property rights or other rights of third parties, including without limitation, trademarks or copyrights; (f) transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs; (g) use the Website to violate any applicable law restricting the export or import of data, software or any other content: (h) interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks; (i) gain or attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through mining or by any other means; (j) interfere with another User and their enjoyment of the Website or another entity’s use and enjoyment of similar Websites; or (k) use the Website in any unethical manner or contrary to accepted community standards; (l) republish material from MYSITES; (m) sell, rent or sub-license material from MYSITES; (n) reproduce, duplicate or copy material from MYSITES; (o) redistribute content from MYSITES. Should any Member use profanity either written or verbal with any agent, employee, or contractor of MYSITES, this will be grounds for the User’s termination by the Operator from the Site. Please note that all calls are recorded for training and information purposes.
COMMENTARY, BLOGS, OPINIONS
Parts of this website offer an opportunity for Users to post and exchange opinions and information. MYSITES does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of MYSITES, its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, MYSITES shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website. MYSITES reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions. Failure to remove a Comment in a timely manner does not confer acceptance or approval by MYSITES of the Comment’s content or posting entity.
You warrant and represent that: (a) you are entitled to post the Comments on our website and have the Capacity and all necessary licenses and consents so to do; (b) the Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party; (c) the Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy; (d) the Comments will not be used to solicit or promote business, commercial activities, or unlawful activity.
You hereby grant MYSITES a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media now and in perpetuity.
EMAIL, EMAIL STORAGE, TEXT, OUTBOUND MESSAGES AND OTHER LIMITATIONS
The amount of storage space per member is limited, and some messages may not be processed due to space constraints or outbound message limitations. You agree that MYSITES is not responsible or liable for the deletion of, failure to store or non-deliveries of email messages.
LIMITATION ON LIABILITY AND INDEMNIFICATION MYSITES
is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email to be received by MYSITES on account of technical problems or traffic congestion online or on the Internet or at any web site, or any combination thereof including any injury or damage to User or any other person’s computer related to or resulting from downloading any materials consistent with use of MYSITES. If, for any reason, the Site is not capable of running online as planned including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of MYSITES which threatens or corrupts or adversely affects the administration, security, fairness, integrity or proper conduct of the MYSITES site, we reserve the right, in our sole discretion, to cancel, terminate or suspend any membership or profile. See also FORCE MAJEURE.
LINKS WITHOUT PRIOR APPROVAL
The following organizations may link to our Website without prior written approval: (a) government agencies; (b) search engines; (c) news organizations; (d) online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and (e) system wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site. We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that arise on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, criminal, or which infringe or violate or advocate the infringement of any third party rights.
LINKS REQUIRING APPROVAL
We may consider and approve other link requests from the following types of organizations: (a) commonly-known consumer and/or business information sources; (b) dot.com community sites; (c) associations or other groups representing charities; (d) online directory distributors; (e) internet portals; (f) accounting, law and consulting firms; and (g) educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of MYSITES; and (d) the link is in the context of general resource information.
Approved organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in this section, and are interested in linking to our website, you must inform us by sending an e-mail [email protected] Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Decisions are normally made with in 21 days from receipt of your request.
Approved organizations may hyperlink to our Website as follows: (a) use of our corporate name; (b) use of the uniform resource locator being linked to; (c) use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site. No use of MYSITES logo or other artwork will be allowed for linking absent a trademark license agreement. Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that arise on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, criminal, or which infringe or violate or advocate the infringement of any third party rights.
INDEMNIFICATION AND HOLD HARMLESS You agree to indemnify and hold MYSITES free and harmless from any and all claims, damages, suits, actions, taxes, penalties, losses, compensation and expenses of every kind or nature whatsoever (a) arising from your acts; (b) as a direct or indirect consequence of you breaching any of your obligations under this User Agreement; (c) arising from violations by you of any national, state, provincial or local laws, ordinances, rules or regulations, or (d) following any advice or direction of any representative of ours. Therefore, you specifically acknowledge that MYSITES Team Members are User support personnel, and such assistance to the User includes, but is not limited to advice, opinion, direction, or help, and do not express the official position of MYSITES or any of its affiliates, is the sole opinion, advice, or direction of the MYSITES Team Member and that MYSITES is not responsible for any action and corresponding outcome or lack of outcome for the User.
You indemnify and will keep indemnified MYSITES and its agents, employees, subcontractors, and consultants from and against all actions, claims, demands, costs or expenses made, sustained, brought or prosecuted or in any manner based upon, occasioned by or attributable to the Website, your interaction with the Site, your interaction with any agent, employee, subcontractor, or consultant of MYSITES which may arise from or as a result of any breach of the terms of this Agreement by MYSITES, its employees, subcontractors or consultants or any unlawful or negligent act or omission of MYSITES , its agents, its employees, subcontractors, or consultants. You hereby hold harmless, release, and forever discharge MYSITES from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf, or on behalf of your estate have or may have.
The laws of the State of Florida govern this Agreement, and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of that jurisdiction.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be governed by the laws of the State of Florida. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
If any provision of this Agreement or a right or remedy under it is invalid or unenforceable in a particular jurisdiction: (a) it is to be read down or severed in that jurisdiction only to the extent of the invalidity or un-enforceability; and (b) it does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction.
A single or partial exercise of a right does not preclude a further exercise of that right or the exercise of another right. Failure by a party to exercise a right or delay in exercising that right does not prevent its exercise or operate as a waiver. A waiver is only effective in the specific instance and for the specific purpose for which it is given.
may immediately terminate this Agreement or the provision of the Website if it considers that you have breached any term of this Agreement especially the Rules of Conduct (above), or an unauthorized person is, or may be using, your Account. You may terminate your relationship with MySites.com with 30 days’ written notice. See NOTICES.
The terms of this User Agreement will be binding upon and inure to the benefit of the parties, their personal and legal representatives, guardians, estates, successors, and assigns.
Nothing contained in this User Agreement shall be construed to create a partnership, joint venture, franchise, or employment relationship or to make you the legal agent for MYSITES for any purpose whatsoever, and neither party hereto shall have any rights whatsoever to incur any liabilities or obligations on behalf of or binding upon the other party. You specifically agree that you shall have no power or authority to legally represent MYSITES in any manner; that you are acting as an independent contractor in accordance with the terms of this User Agreement, and that you will not at any time represent orally or in writing to any third party that you have any right, power or authority not expressly granted by this User Agreement.
The occurrence of an event which materially interferes with the ability of the Company to perform its obligations or duties hereunder which is not within the reasonable control of the Company or any of its Affiliates, and which could not with the exercise of diligent efforts have been avoided (“Force Majeure Event”), including, but not limited to weather, war, pandemic or similar, terrorism, rebellion, earthquake, storm, hurricane, fire, accident, strike, riot, civil commotion, act of God, government requirement or advisory or edict, inability to obtain material inputs, venue, labor, or services, delays or errors by shipping companies, or changes in Laws or Regulations shall excuse MYSITES from the performance of its obligations and duties under this Agreement, and shall suspend such performance during the Force Majeure Event. In the event of Force Majeure, MYSITES shall to the extent possible notify Users of the occurrence and particulars of such Force Majeure Event and shall provide Users, from time to time, with its best estimate of the duration of such Force Majeure Event and with notice of the termination thereof. MYSITES shall use its best efforts to avoid or remove such causes of non-performance as soon as is reasonably practicable. Upon termination of the Force Majeure Event, the performance of any suspended obligation or duty shall recommence as quickly as possible. In the event of Force Majeure, MYSITES shall not be liable to any User or class of User for any damages arising out of or relating to the suspension or termination of any of its obligations or duties under this Agreement by reason of the occurrence of a Force Majeure Event, provided MYSITES complies in all material respects with its obligations under this Section.
The User represents that they have the legal capacity pursuant to the User’s state, nation of residence, current location, or company/partnership/corporate bylaws or resolutions to visit, use the Site, join the Site, create a Site Account, obtain services from the Site, change Site Membership/Account options, upload images, information, or media or links to the Site, add, change, modify, or delete any information conveyed to the Site, cancel Site Membership/Account/Subscription, make purchases, add or change or modify any property information or payment information conveyed to the Site or third parties, order and pay for other products as they become available, and otherwise enjoy any and all benefits of Site use.
Any Notice to MYSITES should be sent by email to: [email protected]; notices to the Customer will be sent to the Customer’s email on file with MYSITES. To the extent required by law, notices will be sent by first class mail (Return Receipt Requested – Optional by Sender) to the each party’s physical street address. Otherwise, notices will be presented by email.
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