Terms of Service
This Terms of Service Agreement (“Agreement”) is a legally binding contract between Sunshine Cohosting (“Sunshine Cohosting”, “we”, “us”, or “our”) and you (“you”, “your”, or “user”) and apply to sunshinecohosting.com, any subdomain of sunshinecohosting.com, and any related application for mobile devices, (collectively, the “Site”). Sunshine Cohosting reserves the right to change these Terms of Services from time to time, at any time, by posting such changes on the Site. This Agreement shall apply to any and all such updates, modifications and additional services unless otherwise stipulated. You, as the end user, hereby acknowledge, and agree that Sunshine Cohosting shall not be liable for any damages resulting from any such updates, modifications, or discontinuance of any services and/or the cancelation of any rental. Your continued use of the Site after the posting of any updates, and/or modifications shall constitute your acceptance of such updates and/or modifications. BY USING THE SITE AND/OR THE SERVICES OFFERED WITHIN, YOU ACCEPT AND AGREE TO THESE TERMS OF SERVICE AS WRITTEN. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AS WRITTEN YOU MAY NOT USE THE SITE AND/OR THE SERVICES OFFERED. If you contract with Sunshine Cohosting, you will be subject to a “Cohosting Agreement” that will be executed between the parties and any posted guidelines or rules applicable. The Cohosting Agreement and any such guidelines and/or rules, are hereby incorporated by reference into this Agreement.
Limited License: Except as expressly provided otherwise in the an applicable The Cohosting Agreement, Sunshine Cohosting grants to you a personal, limited, revocable, non-transferable, and non-exclusive license. You hereby acknowledge and agree not to replicate, duplicate, copy, trade, sell, resell and/or exploit for any commercial reason any part, use of, or access to the Site. The violation of any rights held by Sunshine Cohosting will be enforce to the fullest extent of the law.
Prohibited Activity: Any use of the Site for any purpose that is not expressly permitted or otherwise in accordance with this Agreement is prohibited. Prohibited uses of the Site include, without limitation, all of the following:
- use the Site or its contents for any commercial purpose;
- copy, transmit, upload, or store any part of the content of the Site for any purpose not expressly permitted by this Agreement;
- use the Site or its contents, or attempt to use the Site or its contents, to violate, circumvent, or infringe the rights of Sunshine Cohosting or any other person or entity, including without limitation any intellectual property, contract, or privacy right;
- use any robot, script, scraper, spider or other manual or automated means or process to access, scrape, copy, crawl, collect, monitor, or aggregate the content of the Site or any portion of the Site;
- “frame,” “mirror,” or otherwise replicate or incorporate any portion or aspect of the Site, including without limitation Sunshine Cohosting’s name, logo, trademarks, or proprietary information, into any other website without our express written consent;
- sell, offer to sell, transfer, or license any portion of the Site or its contents in any form to third parties;
- use the Site in a manner or for a purpose that violates any national, state or local, law or regulation;
- use the Site in a fraudulent manner or under false pretenses, including without limitation making a reservation or reservation inquiry under a false name or address or incorrect age, using a method of payment that you are not authorized to use to pay for accommodation, or taking action that may be considered phishing;
- use the Site to post or transmit material that is unlawful, threatening, abusive, libelous or defamatory, obscene, indecent, or sexually explicit, or that discriminates or promotes discrimination against any individual or group;
- attempt to modify, adapt, decipher, translate, decompile, disassemble, edit or reverse engineer any of the software used by us in connection with the Site;
- take any action that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any system used by us on the Site;
- threaten to use the Site to leave negative feedback in an attempt to force Sunshine Cohosting to act is a particular manner or extort financial gain; or
- solicit, encourage, or assist any person in doing, or attempting to do, any of the foregoing actions.
Your Responsibilities: You hereby acknowledge and agree that you are responsible for submitting accurate and complete information when requested to do so. Sunshine Cohosting may terminate this Agreement and any services if we believe fraud and/or misinformation has been provided. You are also responsible for acquiring and maintaining your own equipment, computers, software and communications and internet services relating to your access and use of the Site and for all expenses relating thereto.
SMS and Email Terms: You may receive different types of text and/or email messages from Sunshine Cohosting, including the status of cohosting activities and promotional offers. If you agree to receive text and/or email messages from Sunshine Cohosting, you agree that you are providing your expressed written consent for Sunshine Cohosting to contact and communicate with you through text and/or email messages and understand and agree to the following:
- Your wireless service carrier’s standard text message and data rates may apply.
- You agree that Sunshine Cohosting may communicate with you by automated SMS, MMS, text message, email, or other electronic means to your mobile device.
- Message frequency varies.
- In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information.
- Sunshine Cohosting may send you a message to confirm your choice to receive electronic messages.
- You can cancel electronic messaging at any time by replying “STOP” or following other instructions provided.
Third Party Web Sites: The Site may contain links to third-party websites (“Linked Sites”). You acknowledge and agree that Sunshine Cohosting has no responsibility for; nor does it endorse or sponsor, the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if such sites are owned or run by affiliates of Sunshine Cohosting. Your correspondence and/or business dealings with, or your participation in promotions of, advertisers or third parties found on or throughout the Site, including without limitation with respect to the payment and delivery of related products or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties and are not binding on Sunshine Cohosting.
DISCLAIMER OF WARRANTIES: THE SITE AND ITS SERVICES, CONTENT, FUNCTIONS AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR CONTENT OF INFORMATION ON THE SITE, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUNSHINE COHOSTING HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SUNSHINE COHOSTING OR THROUGH THE SITE SHALL CREATE ANY WARRANTY. SUNSHINE COHOSTING ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USE.
SUNSHINE COHOSTING CANNOT, AND DOES NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR SHALL SUNSHINE COHOSTING BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, SUNSHINE COHOSTING HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH SUNSHINE COHOSTING OR ITS AGENTS.
LIMITATION OF LIABILITY: IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SUNSHINE COHOSTING OR ITS OWNERS, AFFILIATES OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, TRUSTEES, AGENTS OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ANY OTHER TYPE OF DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF YOU OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE SITE OR SERVICES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO SUNSHINE COHOSTING.
Choice of Law and Forum: This Agreement and the relationship between you and Sunshine Cohosting shall be governed by the laws of the United States and the State of Michigan, without regard to its conflict of law provisions. You agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the State of Michigan, County of Kent, and you further agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Kent, in the State of Michigan. All parties to this Agreement waive their respective rights to trial by jury. You acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site, services and/or Rental, must be filed within two (2) years of the date in which it arose or the time in which it could have been reasonably discovered or shall be forever barred.
Waiver and Severability: If at any time, Sunshine Cohosting should fail to exercise or enforce any right or provision of this Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions of this Agreement shall remain in full force and effect and the validity or enforceability shall not be affected.
Mailing Address: 4720 SE 15th Ave Suite 101, Cape Coral, FL 33904