Thank you for using the Moda Travel website and/or mobile properties, including related applications (collectively, the "Site"), which are provided by Moda Travel Group, LLC ("Moda Travel").
Moda Travel offers marketing and booking services to vacation rental homeowners. We do not sell vacation rental properties, home insurance products, or on-site services such as cleaning or maintenance services. At this time, we are not a full-service property management company, meaning the owner of the property is responsible for all home-related bill payments; cleaning and maintaining and repairing the home; and for conduct of the rental's guests (paying or not) while on the owner's property. We are happy to assist with finding partners that offer additional services (such as cleaning and maintenance), but questions and concerns with such services should be directed at the providers you are working with. We may provide you with information about third-party suppliers, and we may link you to their sites. We do our best to try and ensure that at the time we publish this information, it is up-to-date. However, we have no control over the suppliers, and we therefore do not warrant or guarantee that their services will not change or become unavailable at any time, nor are we responsible for their products, services or site content. Please see their sites for their most up-to-date information and all applicable terms and conditions.
The terms "we", "us", "our" and "Moda Travel" refer collectively to Moda Travel Group, LLC, and/or our affiliates and subsidiaries (if applicable). The term "you" refers to the third-party or customer visiting the Site and/or contributing content on this Site.
This Site and any Moda Travel alerts, newsletters and other publications (collectively, "Publications") offered by the Site are for your personal and non-commercial use.
All contents of this Site and the Publications are: Copyright © 2018 Moda Travel (or Moda Travel Group, LLC) and/or its suppliers. You may not reproduce, copy or redistribute the design, content or layout of the Site or the Publications, individual elements of the Web site design, Moda Travel logos or other logos appearing on this Site, photographs, and graphics, without the express written permission of Moda Travel. All other company, product or service names referenced in this Site are used for identification purposes only and may be trademarks or service marks of their respective owners.
The content and information on this Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site. Additionally, you agree not to:
The Site may currently, or in the future, contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of vacation rentals or vacation rental services or other content, messages, materials or other items on the Site ("Interactive Areas"). If Moda Travel provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
Moda Travel takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third-party, or for any loss or damage thereto, nor is Moda Travel liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Moda Travel is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Moda Travel has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Moda Travel reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense. However, Moda Travel reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Moda Travel or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Moda Travel, and its licensees, successors and assigns, from any claims that you could otherwise assert against Moda Travel by virtue of any such moral rights.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS. MODA TRAVEL GROUP, LLC ("MODA TRAVEL") DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE SERVICES PROVIDED BY THIRD PARTIES OR PARTNERS (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, SERVICE DETAILS, GENERAL PRODUCT DESCRIPTIONS, ETC.). IN ADDITION, MODA TRAVEL EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR SITE AND/OR ON PENDING SERVICES MADE UNDER AN INCORRECT PRICE.
MODA TRAVEL MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY MODA TRAVEL. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MODA TRAVEL DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS SITE, ITS SERVERS OR ANY EMAIL SENT FROM MODA TRAVEL, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MODA TRAVEL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE THIRD-PARTY SUPPLIERS PROVIDING VACATION RENTAL PROPERTY SERVICES, TRAVEL OR OTHER SERVICES ON THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF MODA TRAVEL. MODA TRAVEL IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. MODA TRAVEL HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL MODA TRAVEL (ITS OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF MODA TRAVEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Moda Travel.
You agree to defend and indemnify Moda Travel and its affiliates and any of its owners, officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
This Site may contain hyperlinks to websites operated by parties other than Moda Travel. Such hyperlinks are provided for your reference and information only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on Moda Travel to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
Unless otherwise specified, the materials on the websites are presented solely to provide information regarding and to promote (to the extent that they may be offered and/or exist) Moda Travel's services, websites, partners and other products available in the United States, its territories, possessions and protectorates. The Moda Travel Site is controlled and operated by Moda Travel from its offices in the State of Florida in the United States. Moda Travel makes no representation that materials on the Site are appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Any software that is made available to download from the Moda Travel Site ("Software") is the copyrighted work of Moda Travel, or Moda Travel's affiliates, or other third-party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Site not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Site in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this Site, is owned by Moda Travel, and/or its affiliates, or by third-party web service providers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
All contents of this Site are: ©2018 Moda Travel. All rights reserved. Moda Travel is not responsible for content on websites operated by parties other than Moda Travel. Moda Travel, its logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Moda Travel and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Moda Travel or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Moda Travel and may not be copied, imitated or used, in whole or in part, without the prior written permission of Moda Travel. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Moda Travel.
Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Moda Travel that your copyrighted material has been infringed.
Please provide the following information in the following format (including Section Numbers):
1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. Include the following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
5. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."
6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on this Site should be emailed or mailed to Moda Travel Copyright Agent:
Moda Travel Group, LLC., 914 Railroad Ave. Suite 27, Tallahassee, Florida 32310 email@example.com
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement.
We will review and address all notices that comply with the requirements above.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Moda Travel has adopted a policy of terminating, in appropriate circumstances and at Moda Travel's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Moda Travel may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Site are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
You can write to us at:
914 Railroad Ave. Suite 27
Tallahassee, Florida 32310
© 2018 Moda Travel. All rights reserved.