HOME SWAP VACTIONS WEBSITE

Terms and Conditions of Membership and Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By accessing or continuing to access or use this Website, being all the content accessible through www.homeswapvacations.com , or any service on this Website, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. HOME SWAP VACATIONS LLC, a Hawai`i limited liability company ("HOME SWAP VACATIONS", "we" or "the Company") reserves the right to amend, remove, or add to these terms and conditions at any time without notice. Such modifications shall be effective immediately. Accordingly, please continue to review these terms and conditions whenever accessing or using this Website. If you do not agree with all of the Terms and Conditions of Use, and the accompanying Privacy Policy, you may not access or use any part of this Website or the services offered through this Website.

Right To Terminate A Membership

HOME SWAP VACATIONS reserves the right to cancel any Membership for any reason, including misuse of the Website, any action we feel compromises the security of the Website, any action that adversely affects other Members or their property, or any action we feel is detrimental to HOME SWAP VACATIONS. If any information provided by a Member is found to be material inaccurate, false or misrepresented, or should the Member's listing(s) or actions be in violation of any law or any provision of these Terms and Conditions of Membership and Use, HOME SWAP VACTIONS reserves the right to remove, at its discretion, the Member's listing(s) at any time, and/or to terminate the Member's access to this Website, without refund. HOME SWAP VACATIONS may also terminate any listing or Membership at any time for any other reason or for no reason at all, at HOME SWAP VACATIONS' sole discretion, in which case the Member will be entitled only to a pro rata refund of any fee paid.

We reserve the right to remove and ban as a Member, anyone who joins and sends out "spam" or "pirating" emails to other Members. Similarly, anyone who enters falsified personal information to join will be removed. This Website values Member privacy and anyone entering falsified personal information will be viewed as an attempted threat to that privacy.

This Website is a service of a "for fee" membership organization, and all information contained herein is unconditionally private and not in the public domain. This information is not sold or distributed publicly. No part of this online database may be reproduced, stored in a retrieval system, transmitted in any form or in any language, by any means, electronic, mechanical, photocopied, recorded or otherwise. Unauthorized use of this Website will result in immediate cancellation of Membership with all fees being forfeited.

Listing Content

HOME SWAP VACATIONS reserves the right, at its discretion, to amend and edit information uploaded to the HOME SWAP VACATIONS' online database by Members. All edits submitted by Members are subject to review and approval of HOME SWAP VACATIONS.

Notwithstanding its right to edit and amend copy and photographs, HOME SWAP VACATIONS disclaims all liability for any loss or damage resulting from the design or positioning of the properties or changes made to the photographs and copy submitted by the Member or edited by HOME SWAP VACATIONS.

Listing Accuracy

All information on this Website, as submitted by the Member and amended from time to time by HOME SWAP VACATIONS, is the responsibility of the Member, and HOME SWAP VACATIONS specifically disclaims any and all liability arising from the alleged accuracy of the listings, or any alleged breaches of contract on a Member's part. By accepting these Terms and Conditions and paying the registration fee, you agree to indemnify, defend and hold HOME SWAP VACATIONS, its subsidiaries, officers, directors, shareholders, agents and representatives harmless against all costs, expenses and losses arising out of a claim relating to the content of a listing.

You Must be at Least 18 Years Old to Use this Website

You must be 18 years of age or older to become a HOME SWAP VACATIONS Member and/or to submit or post any information on or through this Website.

You Are Authorized to View and Access a Single Copy of the Website Content for Your Personal Use Only

The Company authorizes you to view and access a single copy of the content available on or from the www.homeswapvacations.com website. You may use the Website content for your personal use but not for any commercial use or for anyone other than yourself.

Your Conduct Must Be Lawful and Appropriate

This Website may be used only for lawful purposes and only for purposes relating to swapping homes for vacation purposes.

The Company specifically prohibits any use of the Website, and all users agree not to use the Website, for any unlawful, inappropriate or offensive purpose, or any purpose other than the purposes for which the Website was designed and is being operated.

Prohibited uses of the Website include, but are not limited to:

• The storage of information, data, or files relating to pornography, gambling, alcohol, weapons, or software or any intellectual property infringement or piracy.

• Using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site.

• Taking any action that imposes an unreasonable or disproportionately large load on this website's infrastructure.

• Disclosing or sharing your password to or with any third parties, or using your password for any unauthorized purpose.

• Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the commonly recognized search engine and search agents, and other than generally available third party web browsers (e.g., Firefox, Microsoft Explorer, or Safari).

• Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this website.
  Aggregating, copying or duplicating in any manner any of the website content or information available from this Website.

• Framing of or linking to any of the website content or information available from this Website.

• Participating in a denial-of-service attack against this Website or against any other web site or computer environment by using this Website.

• Collecting or attempting to collect any information of others, including passwords and account or other information, or providing to or transmitting through this Website any material that is unlawful or violates the rights of others.

• Engaging in any screen scraping or data acquisition and consolidation.

• Copying or adapting the HTML, asp.net, vd.net, XML, java script or any other dynamic code that the Company creates to generate any website content or the pages making up this Website.

• Infringing the intellectual property rights of others in any way.

• Making any unauthorized commercial use of this Website.

• Using Members' contact details for any purpose other than for the purpose of this Website.

Website Security Rules

Users are prohibited from violating or attempting to violate the security of this Website, including, without limitation: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations. The Company may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Use of Website

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME WITHOUT NOTICE.

User Information

You are solely responsible for the data and information that you input or upload to this Website, including but not limited to your property descriptions. You represent and warrant that the information submitted by you through this Website is your own information and is complete, accurate and truthful. You agree to indemnify, defend and hold the Company and its officers, directors, members, employees, agents, and representatives harmless from and against any claims arising out of the information submitted by you to this Website that is inaccurate or untruthful in any respect.

You grant HOME SWAP VACATIONS the non-exclusive worldwide right to publish and distribute without any compensation to you the information and content posted by you to this Website. You retain the ownership and copyright to your postings. You may not use, duplicate, modify, distribute, or reproduce the content posted to this Website by others in any manner without their express permission. HOME SWAP VACATIONS is not a party to granting such permission and is not involved in any relationship, contractual or otherwise, between users of the services provided by this Website.

When you register to become a Member of this Website, you will be asked to provide HOME SWAP VACATIONS with certain personal information including, without limitation, a valid email address. In addition to the terms that may be set forth in any privacy policy on this Website, you understand and agree that HOME SWAP VACATIONS may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. HOME SWAP VACATIONS will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or if compelled by legal proceedings.

HOME SWAP VACATIONS reserves the right to offer third party services and products to you based on the preferences that you identify in your registration. Such offers may be made by the Company or by third parties. Please see the HOME SWAP VACATIONS' Privacy Policy for further details regarding the manner in which we handle your personally identifiable information.

HOME SWAP VACATIONS accepts no responsibility for Members who include, by choice or otherwise, their surname, home address or other personally identifiable information when posting information about their properties. By posting personally identifiable information on the Website, you waive any and all rights of privacy in such information.

If you post information about a premises on the Website that is not yours, you are required prior to posting to have the permission of the owner/landlord documented in writing and signed by both yourself and the owner/landlord.

Use of Website Information

The information contained on this Website is for informational purposes only, and the Company offers no express or implied guarantees or warranties regarding the accuracy, truthfulness, benefits or effectiveness of any information obtained from this Website. The Company makes no guarantees or warranties, express or implied, that you will find that the information obtained through this Website to be satisfactory, complete, of benefit, suitable for your own personal circumstances, that you will find compatible vacation home exchange partners, or that a vacation home exchange will result. You are solely responsible for deciding whether any of our information is suitable for your purposes. Visitors to the Website and those who use the information provided through this Website do so at their own risk, and the Company assumes no responsibility or liability whatsoever for any actions taken by users of the Website.

The Company has no liability or responsibility to users for performance or non-performance of any activities in which users of this Website engage as a result of information provided through the Website, or as a result of third parties with whom they come in contact through this Website.
Nothing contained on this Website is intended to provide real estate or real estate rental advice, nor is it a substitute or replacement for any such advice. You are advised to consult with real estate, legal or other professionals with regard to any action you might undertake regarding the use of information on this Website. The Company is not liable for any damages sustained by you as a result of your reliance on the information received through this Website.

The Company is not responsible if information that made available on this site is not accurate, reliable, complete, timely, or current, and the Company does not assume any responsibility for errors, inaccuracies, typographical errors or omissions. The content on the Website represents the information as at the date of publication. Certain information contained on this Website will be historical information. Historical information necessarily is not current and is provided for your reference only. It is solely up to the Member to check and confirm that historical information remains accurate.

Any reliance upon the information found on this Website will be at your own risk. The Company reserves the right to modify the contents of the site at any time, but we have no obligation to update any information on this Website. You agree that it is your responsibility to monitor changes to the Website.

This Website is only an information database. HOME SWAP VACATIONS accepts no responsibility for any agreements or contracts entered into by and between Website Members, and is not in any way involved in the actual transaction between users of this Website and/or any third party.

HOME SWAP VACATIONS cannot verify or validate any references, written or otherwise, and accepts no responsibility of any kind concerning the credentials or information claimed by our Members. As a result, HOME SWAP VACATIONS has no control over the quality, safety or legality of information obtained from the users or this Website and/or from third parties or the truth or accuracy of any such information. There are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users, Members or third parties with whom you come in contact through this Website and/or from information obtained through this Website.

HOME SWAP VACATIONS cannot and does not confirm that each user is who they claim to be. Because HOME SWAP VACATIONS does not and cannot be involved in user-to-user dealings or control the behavior of participants on this Website, in the event that you have a dispute with one or more users, you release HOME SWAP VACATIONS, its subsidiaries, affiliates, officers, directors, employees, agents, representatives and partners, from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

You agree to indemnify, defend and hold harmless the Company, its members, officers, employees, agents, representatives, affiliates, and subsidiaries from and against any claims, damages, liabilities, costs and expenses, including reasonable legal fees, arising out of your violation of these warranties and representations or out of your use of the Website or information available through the website.

You are aware and acknowledge that listing details on the HOME SWAP VACATIONS database is public and may be seen by anyone viewing the HOME SWAP VACATIONS website, and that these details may be indexed by search engines.

Notice Board

You are responsible for your use of our Notice Board, for the security of your user name and password, and for all postings under your username and password. You agree that your use of the Notice Board service complies with all local, state, and federal laws of your local jurisdiction, including any laws that prohibit the transmission of certain data into and from your country.

In its sole discretion HOME SWAP VACATIONS reserves the right to refuse service to anyone at any time, and to delete any postings on its Notice Board that violate these Terms and Conditions of Use and/or our Privacy Policy.

In addition to the other prohibitions, prohibited Notice Board content includes but is not limited to pornography and obscenity, content that infringes on a third party's intellectual property rights or rights of privacy or publicity, content that is defamatory, content that is used to impersonate a third party, and content that is violent, offensive, inappropriate or hateful against third parties.

Notice Board posted content is provided by the person posting such content. HOME SWAP VACATIONS takes no responsibility for any content contained in such postings, and undertakes no responsibility to monitor the content of any of the postings. You use this service at your own risk, and with the understanding that postings may contain content that is offensive or deceptive. HOME SWAP VACATIONS does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any posting or endorse any information or opinions expressed in any posting. Caution and appropriate consideration is necessary when using this service.

This service is provided on an 'as is' and 'as available' basis. HOME SWAP VACATIONS disclaims all responsibility and liability for the availability, timeliness, security or reliability of this service or the failure to store or transmit any content, and reserves the right to modify, suspend or discontinue this service with or without notice at any time and without any liability to you.

HOME SWAP VACATIONS accepts no responsibility for Members who include, by choice or otherwise, personally identifiable information when posting to the Notice Board. By posting personally identifiable information to the Notice Board, you waive any and all rights of privacy in such information.

When you post information and content to the Notice Board, you represent and warrant that you have the rights to post information on this service, and that the information contained in any posting does not violate these Terms and Conditions of Use, this Website's Privacy Policy, or the rights of any third party. You agree to indemnify, defend and hold harmless HOME SWAP VACATIONS, and its members, subsidiaries, affiliates, officers, directors, agents, representatives and employees from and against any third-party claim arising from or in any way related to your use of the Notice Board service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and legal fees.

Membership Registration and Password

You are responsible for maintaining the confidentiality of your Membership information and password. You are responsible for all uses of your registration and password whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password. Your Membership may not be transferred or assigned.

Intellectual Property

"HOME SWAP VACATIONS ", the domain name <homeswapvacations.com>, and any other Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Company, and any unauthorized use of such trademarks and trade names is unlawful. Other trademarks on this Website are the property of their respective owners, and may not be used by you in any form.

This Website (including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics) is the property of HOME SWAP VACATIONS and is protected by copyright, trademark, and other laws of the United States and other countries. The Company reserves any and all rights not expressly granted to you.

You may not sell or modify the Website content or reproduce, display, publicly perform, distribute, or otherwise use the website content in any way for any public or commercial purpose. The use of the website content on any other website or in a networked computer environment for any purpose is expressly prohibited.

DISCLAIMERS

HOME SWAP VACATIONS DOES NOT PROVIDE OR MAKE ANY UNDERTAKING, REPRESENTATION OR WARRANTY AS TO THE QUALITY OR NATURE OF THE INFORMATION OBTAINED THROUGH THIS WEBSITE OR OF ANY OF THE PRODUCT OR SERVICE PURCHASED OR OTHERWISE ACQUIRED THROUGH THIS WEBSITE, OR ANY OTHER REPRESENTATION, WARRANTY OR GUARANTY OF ANY KIND.

HOME SWAP VACATIONS TAKES NO RESPONSIBILTY FOR AND DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY HOME SWAP OR OTHER TRANSACTION ENTERERED INTO AS A RESULT OF THE USE OF OR INFORMATION AVAILABLE THROUGH THIS WEBSITE. ALL SUCH TRANSACTIONS ARE THE SOLE RESPONSIBILITY OF THE PERSONS INVOLVED. PERSONS ENTERING INTO HOME SWAPS OR OTHER TRANSACTIONS ARE ADVISED TO CONDUCT APPROPRIATE DUE DILIGENCE, SEEK APPROPRIATE PROFESSIONAL ADVICE, AND TAKE ANY AND ALL OTHER NECESSARY PRECUATIONS TO PROTECT THEMSELVES AND THEIR PROPERTIES FROM DAMAGE AND HARM.

HOME SWAP VACATIONS DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. HOME SWAP VACATIONS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

THE TRANSMISSION OF DATA OR INFORMATION (INCLUDING COMMUNICATIONS BY E-MAIL) OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE YOU MAY EXPERIENCE OR COSTS YOU MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL WITH US (INCLUDING THOSE WHICH MAY CONTAIN YOUR PERSONALLY IDENTIFIABLE INFORMATION). WHILE WE TAKE COMMERCIALLY REASONABLE EFFORTS TO SAFEGUARD THE PRIVACY OF THE INFORMATION YOU PROVIDE TO US AND TREAT SUCH INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY, IN NO EVENT WILL THE INFORMATION YOU PROVIDE TO US BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS TO YOU ON OUR PART, OR RESULT IN ANY LIABILITY TO US IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED BY US OR ACCESSED BY THIRD PARTIES WITHOUT OUR CONSENT.

HOME SWAP VACATIONS TAKES NO RESPONSIBILITY WHATSOEVER FOR THE CONTENTS OF THE INFORMATION YOU HAVE UPLOADED TO THIS WEBSITE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF FILES AND DATA, OR FAILURE TO STORE ANY FILES OR DATA. NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF FILES OR DATA THOURGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY'S REASONABLE CONTROL. ALL CUSTOMERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THE FILES AND DATA UPLOADED TO THIS WEBSITE.

DISCLAIMER OF CONSEQUENTIAL DAMAGE AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER HOME SWAP VACATIONS, ITS SUBSIDIARIES, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, OR ANY THIRD PARTY CONTENT PROVIDERS MENTIONED ON THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER CONTRACT, TORT, OR SOME OTHER LEGAL THEORY, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

HOME SWAP VACATIONS 'S MAXIMUM LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION OR NATURE OF THE CLAIM, WILL NOT EXCEED THE MEMBERSHIP FEES PAID.

YOUR LIABILITY

IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ALL LEGAL FEES) ARISING FROM THAT DISRUPTION.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS HOME SWAP VACATIONS , ITS SUBSIDIARIES, AFFILIATES, MEMBERS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (1) YOUR USE OF THE HOME SWAP VACATIONS ' WEBSITE; (2) ANY INFORMATION OR OTHER MATERIAL YOU PROVIDE TO THE HOME SWAP VACATIONS ' WEBSITE; (3) ANY WEBSITE CONTENT THAT YOU USE; OR (4) YOUR BREACH OF THE TERMS OF THESE TERMS AND CONDITIONS OF USE, OUR PRIVACY POLICY, OR ANY REPRESENTATION OR WARRANTY MADE HEREIN. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, WHICH SHALL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.

Termination and Suspension

HOME SWAP VACATIONS reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to, immediate termination without notice to you of your registration with or membership in, or ability to access, this Website and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions of Use or our Privacy Policy, or if the Company is unable to verify or authenticate any information you submit to the Website. In the case of such termination, you will not be entitled to any refund of membership fees paid.

HOME SWAP VACATIONS reserves the right to remove any listing or Notice Board submission at any time, with or without warning or notice and without refund should information or action from any member be deemed by HOME SWAP VACATIONS to be misleading, inappropriate or dishonest, if a Member has breached these Terms and Conditions of Use or our Privacy Policy, or if the Company is unable to verify or authenticate any information you submit to this Website.

Additional Terms and Conditions

HOME SWAP VACATIONS makes no claims that the Website content may be lawfully viewed or accessed in any specific jurisdiction. Access to the Website content may not be legal by certain persons or in certain countries. If you access the website you are responsible for ensuring that you do so in full compliance with the laws of your jurisdiction or the laws that apply to you.

These Terms and Conditions of Use, the Website's Privacy Policy, and any other relevant Website notices and agreements constitute the entire agreement between you and HOME SWAP VACATIONS with respect to your use of this Website. No changes to these Terms and Conditions of Use shall be effective except by a revised posting to this page by the Company or as otherwise explicitly agreed between the Company and you.

These Terms and Conditions of Use, your use of this Website, and any and all disputes or claims arising out of or concerning in any way your use of this Website, shall be governed by and construed in accordance with the laws of the State of Hawai`i and the United States of America, without regard to conflict of laws. You irrevocably consent to the exclusive jurisdiction of the courts or other tribunal located in Honolulu, Hawai`i in connection with any such dispute or action and waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-conveniens.

If any provision of these Terms and Conditions of Use is held invalid or unenforceable in any respect by any court or other tribunal having competent jurisdiction thereof, such provision shall be enforced to the maximum extent permitted by law and the remaining provisions of these Terms and Conditions of Use shall continue in full force and effect. No waiver of any provision of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such provision or any other provision.

Last Updated: October _, 2009.