Terms of Use
By using or accessing the Second Porch
web site, the Second Porch Facebook application or any features of
the foregoing (together, the "Site"), you acknowledge and agree
to the following terms and conditions (the "Terms").
Please read through all the terms carefully. If you do not fully
agree to these terms, you may not access or otherwise use the site.
We are just a facilitator.
We do not own, and we do not contract for any property on the Site. We simply provide a venue for members of our Site to list and search for vacation getaways that are available for rent or trade to potential guests.
We are not involved in the actual transaction between property owners and guests, though we may provide tools that enable both parties to enter into a transaction for a specific property. As such, the quality, safety or legality of the properties listed, the truth or accuracy of the listings, and the ability of members to complete a rent or trade transaction is solely the responsibility of each user.
This Site is for your personal use only.
The Site is protected by copyright as a collective work and/or compilation under U.S. copyright laws, and international conventions. Its content text, files, images, photos, videos and other material are for your personal, non-commercial use only.
You may not (a) collect, aggregate, copy, or display any content from this Site except in connection with your personal use, (b) attempt to reverse engineer or duplicate how it works (c) frame, embed or otherwise make any derivative work of the Site or its content, or (d) resell, retransmit or make the Site available to third parties. Access to the Site and its content is allowed only for the purpose of advertising properties, and/or individual researching, viewing and making legitimate inquiries about renting or trading member properties. No data mining is allowed.
You may not use or access the Site in any way that, in our sole discretion, adversely affects the performance or function of the Site, or any other computer systems or networks used by us or the Site. Also, you may not use or access the Site to directly or indirectly develop, market, support or make available any product or service that is competitive with our products and services.
If you are under age 18, you may not use the Site without the involvement of a parent or guardian.
Your access and use of the Site must always comply with applicable laws and our Acceptable Use Policy.
Expect the Site (and these terms) to change from time to time.
Be aware that we may change, suspend, or discontinue any part of the Site at any time. We may remove, impose limits, or change how we charge for certain features of the Site. While generally we will only do this with cause, we may also restrict your access to parts or all of the site without notice or liability.
We reserve the right, in our sole discretion, to change these terms at any time. Notification of any changes will be posted to the Site and be effective immediately thereafter. If you use the Site after we have posted changes, we will assume you accept our changes. If you do not accept our posted changes, your only remedy is to discontinue using the Site.
We respect your right to privacy and expect you to protect your password.
When you join the Site as a member, or use it to send an inquiry to a property owner you agree to allow us to add your email address to our database of users. You may receive occasional promotional emails from us. You are welcome to opt out of such communications at any time. Please see our privacy policy for more information about our use of your personal information generally.
You promise to be truthful and honor any commitments you make using the Site.
You agree that any information you submit to the Site or to other members of the Site shall be true and correct. You also agree to keep your contact and personal account information accurate and up to date by logging in and making appropriate modifications on the Site.
You agree to promptly provide such proof of personal identification, proof of ownership of property listed on the site and/or proof of authority to list the property as we may request.
Our services may only be used by members who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement.
Security is a shared responsibility.
While we commit to make all commercially reasonable efforts to keep your data and information secure, you must do your part as well.
The true identity of users on the Internet is difficult to verify. We cannot confirm that everyone is who they say they are. We encourage you to use the tools available on the site and through personal connections to help ensure that inquiries are legitimate.
Keep your account ID and password secure and confidential. Be aware that if you voluntarily give someone else access to your account, or share your account ID or password that you are authorizing them to use your account and you alone are responsible for any activity that person performs while using your account. Let us know right away if you think your security has been compromised.
Treat other's personal information as you would have them treat yours.
As a user or member of this Site you may legitimately learn certain personally identifiable information about other users or members. You agree that you will not use any such information in any way other than how that user has expressly agreed to in advance.
You agree that other users may use your personal information to communicate and transact business with you within the context of the Site. And you agree that you will protect other users' personal information with the same degree of care that you protect your own, and you assume all liability for the misuse, loss or unauthorized use of such information.
We do not tolerate false advertising or shoddy business practices.
If we become aware of a false property listing, or receive what we in our sole discretion believe to be a legitimate complaint from anyone regarding a member's listing or rental practices, then we may immediately terminate and remove the offending property listing without notice and without refund.
You grant us copyright to any material you post to the Site.
We may, but are not obligated to, allow you to upload content for display on the Site. If we allow this feature, please choose carefully the information you post on the Site, provide to other users and/or otherwise make available to us and through the Site.
By accepting these terms and posting content of any type to the Site (including, without limitation, any text, photos, or video), you grant us a perpetual, worldwide, unrestricted and royalty-free license under all applicable intellectual property rights to use the content in all means and formats available now or developed later.
You also warrant that (a) you own or otherwise have the right to post any content you may add to the Site, and (b) your posting of such content does not violate any laws or rights of any third party.
The Site contains content provided by Second Porch (including content of third parties that we make available). This content is protected by intellectual property laws and we and our suppliers retain all ownership rights in and to such content.
If you believe that your intellectual property has been copied and/or provided to us in a way that constitutes copyright infringement, please provide our designated agent with the information specified below, in writing. Please do not use this procedure for any other purpose. Please include the following information:
Our designated agent for notice of claims of copyright infringement can be reached as follows:
By e-mail: (copyright at secondporch.com)
Or by writing:
Kerry Kelley
503-913-5386
Second Porch Inc.
2114 NE 36th
Portland, OR 97212
Links to third-party sites
This Site may contain links and pointers to other Internet sites. Any links to and from the site, maintained by third parties, do not necessarily constitute an endorsement by us. We take no responsibility for any such sites or your access or use of them.
We reserve the right to refuse hypertext links to, or addresses of, other web sites from members' pages, and to remove links or addresses in our sole discretion. We also reserve the right to charge for the addition of such links or addresses at any time.
Accuracy of user-contributed content is the responsibility of individual members and the community.
We do not pre-screen content posted on the site by members, and we are not responsible for user-contributed content. We reserve the right to refuse to post and/or remove any content we deem inappropriate, at any time, for any reason, and without liability.
If you believe certain content to be inaccurate or inappropriate, please let us know via email (admin at secondporch.com) and we will review it immediately.
Term.
These Terms of Service will apply so long as you are a member of or use the Site. You may terminate your membership at any time by notifying us of your desire to do so. Similarly, we expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Site if we determine, in our sole discretion, that you have violated the Terms of Service, pose a threat to us, our suppliers and/or our users or for any other purpose we determine in our sole discretion.
Payment, refunds.
All payments to the Site must be made in U.S. Dollars, paid either by major credit or debit card.
Generally, all sales are final and ineligible for refund. But if you are for any reason dissatisfied with your purchase please let us know via email (admin at secondporch.com) and we'll do our best to work something out.
Disclaimer, Limitation of Liability and Release.
You assume all risk associated with your use of the Site. The Site and all of its features, content and functionality is provided ìAS ISî and we are not liable for any implied warranties of fitness for purpose, non-infringement or merchantability. We cannot and do not guarantee that (a) you will enjoy any specific results from use of the Site, (b) the Site will be available, or (c) the Site will be free of errors, viruses or harmful components.
In no event will we be liable to you for any lost profits or any other consequential, incidental or special damages even if we knew or should have know of the likelihood of being liable for such damages.
Our aggregate liability to you in connection with the Site, its features and functionality will not exceed the greater of (a) $100 or (b) the amount of fees you have paid us in connection with your use of the Site during the twelve (12) prior months.
In the event you have a dispute with one or more other users of the site, you agree to release the Site and any member of Second Porch from any and all claims.
Indemnity
You will indemnify and hold harmless Second Porch and its officers, directors, employees, agents and other users and members from and against any action, proceeding, losses, damages or liabilities of any kind (including our legal fees, assuming they are reasonable) related to your use of the Site or any content provided by you.
General.
These Terms of Service are governed by the laws of Oregon without reference to choice of law principles. Any dispute relating to these Terms of Service, any other documents referenced in these Terms of Service or the Site may be litigated only in a court having jurisdiction and venue in Multnomah County Oregon for state court causes of action and in the District of Oregon for federal court causes of action. We may assign the Terms of Service and any referenced documents, in whole or in part, to a related entity or to a third party. These Terms of Service include our Privacy Policy and Acceptable Use Policy which are incorporated here by reference.
Getting in touch with us.
You can reach us by email via (admin at secondporch.com)
All other notices may be sent by postal mail to:
2114 NE 36th Ave
Portland, OR 97212
USA
Updated May 26, 2009
We are just a facilitator.
We do not own, and we do not contract for any property on the Site. We simply provide a venue for members of our Site to list and search for vacation getaways that are available for rent or trade to potential guests.
We are not involved in the actual transaction between property owners and guests, though we may provide tools that enable both parties to enter into a transaction for a specific property. As such, the quality, safety or legality of the properties listed, the truth or accuracy of the listings, and the ability of members to complete a rent or trade transaction is solely the responsibility of each user.
This Site is for your personal use only.
The Site is protected by copyright as a collective work and/or compilation under U.S. copyright laws, and international conventions. Its content text, files, images, photos, videos and other material are for your personal, non-commercial use only.
You may not (a) collect, aggregate, copy, or display any content from this Site except in connection with your personal use, (b) attempt to reverse engineer or duplicate how it works (c) frame, embed or otherwise make any derivative work of the Site or its content, or (d) resell, retransmit or make the Site available to third parties. Access to the Site and its content is allowed only for the purpose of advertising properties, and/or individual researching, viewing and making legitimate inquiries about renting or trading member properties. No data mining is allowed.
You may not use or access the Site in any way that, in our sole discretion, adversely affects the performance or function of the Site, or any other computer systems or networks used by us or the Site. Also, you may not use or access the Site to directly or indirectly develop, market, support or make available any product or service that is competitive with our products and services.
If you are under age 18, you may not use the Site without the involvement of a parent or guardian.
Your access and use of the Site must always comply with applicable laws and our Acceptable Use Policy.
Expect the Site (and these terms) to change from time to time.
Be aware that we may change, suspend, or discontinue any part of the Site at any time. We may remove, impose limits, or change how we charge for certain features of the Site. While generally we will only do this with cause, we may also restrict your access to parts or all of the site without notice or liability.
We reserve the right, in our sole discretion, to change these terms at any time. Notification of any changes will be posted to the Site and be effective immediately thereafter. If you use the Site after we have posted changes, we will assume you accept our changes. If you do not accept our posted changes, your only remedy is to discontinue using the Site.
We respect your right to privacy and expect you to protect your password.
When you join the Site as a member, or use it to send an inquiry to a property owner you agree to allow us to add your email address to our database of users. You may receive occasional promotional emails from us. You are welcome to opt out of such communications at any time. Please see our privacy policy for more information about our use of your personal information generally.
You promise to be truthful and honor any commitments you make using the Site.
You agree that any information you submit to the Site or to other members of the Site shall be true and correct. You also agree to keep your contact and personal account information accurate and up to date by logging in and making appropriate modifications on the Site.
You agree to promptly provide such proof of personal identification, proof of ownership of property listed on the site and/or proof of authority to list the property as we may request.
Our services may only be used by members who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement.
Security is a shared responsibility.
While we commit to make all commercially reasonable efforts to keep your data and information secure, you must do your part as well.
The true identity of users on the Internet is difficult to verify. We cannot confirm that everyone is who they say they are. We encourage you to use the tools available on the site and through personal connections to help ensure that inquiries are legitimate.
Keep your account ID and password secure and confidential. Be aware that if you voluntarily give someone else access to your account, or share your account ID or password that you are authorizing them to use your account and you alone are responsible for any activity that person performs while using your account. Let us know right away if you think your security has been compromised.
Treat other's personal information as you would have them treat yours.
As a user or member of this Site you may legitimately learn certain personally identifiable information about other users or members. You agree that you will not use any such information in any way other than how that user has expressly agreed to in advance.
You agree that other users may use your personal information to communicate and transact business with you within the context of the Site. And you agree that you will protect other users' personal information with the same degree of care that you protect your own, and you assume all liability for the misuse, loss or unauthorized use of such information.
We do not tolerate false advertising or shoddy business practices.
If we become aware of a false property listing, or receive what we in our sole discretion believe to be a legitimate complaint from anyone regarding a member's listing or rental practices, then we may immediately terminate and remove the offending property listing without notice and without refund.
You grant us copyright to any material you post to the Site.
We may, but are not obligated to, allow you to upload content for display on the Site. If we allow this feature, please choose carefully the information you post on the Site, provide to other users and/or otherwise make available to us and through the Site.
By accepting these terms and posting content of any type to the Site (including, without limitation, any text, photos, or video), you grant us a perpetual, worldwide, unrestricted and royalty-free license under all applicable intellectual property rights to use the content in all means and formats available now or developed later.
You also warrant that (a) you own or otherwise have the right to post any content you may add to the Site, and (b) your posting of such content does not violate any laws or rights of any third party.
The Site contains content provided by Second Porch (including content of third parties that we make available). This content is protected by intellectual property laws and we and our suppliers retain all ownership rights in and to such content.
If you believe that your intellectual property has been copied and/or provided to us in a way that constitutes copyright infringement, please provide our designated agent with the information specified below, in writing. Please do not use this procedure for any other purpose. Please include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed and a description of where such work is located on the Site;
- Your name, address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our designated agent for notice of claims of copyright infringement can be reached as follows:
By e-mail: (copyright at secondporch.com)
Or by writing:
Kerry Kelley
503-913-5386
Second Porch Inc.
2114 NE 36th
Portland, OR 97212
Links to third-party sites
This Site may contain links and pointers to other Internet sites. Any links to and from the site, maintained by third parties, do not necessarily constitute an endorsement by us. We take no responsibility for any such sites or your access or use of them.
We reserve the right to refuse hypertext links to, or addresses of, other web sites from members' pages, and to remove links or addresses in our sole discretion. We also reserve the right to charge for the addition of such links or addresses at any time.
Accuracy of user-contributed content is the responsibility of individual members and the community.
We do not pre-screen content posted on the site by members, and we are not responsible for user-contributed content. We reserve the right to refuse to post and/or remove any content we deem inappropriate, at any time, for any reason, and without liability.
If you believe certain content to be inaccurate or inappropriate, please let us know via email (admin at secondporch.com) and we will review it immediately.
Term.
These Terms of Service will apply so long as you are a member of or use the Site. You may terminate your membership at any time by notifying us of your desire to do so. Similarly, we expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Site if we determine, in our sole discretion, that you have violated the Terms of Service, pose a threat to us, our suppliers and/or our users or for any other purpose we determine in our sole discretion.
Payment, refunds.
All payments to the Site must be made in U.S. Dollars, paid either by major credit or debit card.
Generally, all sales are final and ineligible for refund. But if you are for any reason dissatisfied with your purchase please let us know via email (admin at secondporch.com) and we'll do our best to work something out.
Disclaimer, Limitation of Liability and Release.
You assume all risk associated with your use of the Site. The Site and all of its features, content and functionality is provided ìAS ISî and we are not liable for any implied warranties of fitness for purpose, non-infringement or merchantability. We cannot and do not guarantee that (a) you will enjoy any specific results from use of the Site, (b) the Site will be available, or (c) the Site will be free of errors, viruses or harmful components.
In no event will we be liable to you for any lost profits or any other consequential, incidental or special damages even if we knew or should have know of the likelihood of being liable for such damages.
Our aggregate liability to you in connection with the Site, its features and functionality will not exceed the greater of (a) $100 or (b) the amount of fees you have paid us in connection with your use of the Site during the twelve (12) prior months.
In the event you have a dispute with one or more other users of the site, you agree to release the Site and any member of Second Porch from any and all claims.
Indemnity
You will indemnify and hold harmless Second Porch and its officers, directors, employees, agents and other users and members from and against any action, proceeding, losses, damages or liabilities of any kind (including our legal fees, assuming they are reasonable) related to your use of the Site or any content provided by you.
General.
These Terms of Service are governed by the laws of Oregon without reference to choice of law principles. Any dispute relating to these Terms of Service, any other documents referenced in these Terms of Service or the Site may be litigated only in a court having jurisdiction and venue in Multnomah County Oregon for state court causes of action and in the District of Oregon for federal court causes of action. We may assign the Terms of Service and any referenced documents, in whole or in part, to a related entity or to a third party. These Terms of Service include our Privacy Policy and Acceptable Use Policy which are incorporated here by reference.
Getting in touch with us.
You can reach us by email via (admin at secondporch.com)
All other notices may be sent by postal mail to:
2114 NE 36th Ave
Portland, OR 97212
USA
Updated May 26, 2009