Any content presented in any and all areas of this Website, and your use of this Website, indicates your agreement and acceptance to the Privacy Policy of this website, the Terms of Use of this website, and other agreements and notices posted on this website. We strongly advise that you print a copy these documents for your records. If you do not agree to accept and obey with all of the foregoing, you may not access or use this website in any way. The use of this website, and the information that is posted and written within it, is offered to you on your acceptance of the subsequent Terms of Use on this website, the Privacy Policy on this website, together with any other agreements and notices written up and posted on this Website.

This website and/or SURF SNOW HOUSE XCHANGE shall have the right to modify, at its sole discretion, remove or add any conditions or terms of these Terms and Conditions without any notice to you. Changes to these Terms of Use shall be effective immediately following the posting of such changes on this Website. You agree to frequently look over these Terms of Use and agree that any ensuing use by you of this website, following changes to these Terms of Use of this website, will be an acknowledgement of your acceptance of all such updates and changes.

Use of the Website

The minimum age you must be to submit any information or to obtain a membership through this website is 18 years of age or older.

We (SURF SNOW HOUSE XCHANGE and its owner) authorizes a copy (one single copy) of the information and content available from or on www.surfsnowhousexchange.com (collectively and individually referred to as the "Website") only for your use.

Your Conduct

The Surf Snow House Xchange website can only be used for lawful purposes that relate to information relating to the exchanging of houses. This website specifically prohibits any use of the website, and all people using the website agree not to use the website, for any purposes other than that chosen by this website, together with but not limited to:

• Using any tool, device, software or routine to impede or interfere or attempt to interfere with the correct working of this website or any activity being done on this website.
• The storage of files, data, or information related to gambling, alcohol, weapons, pornography, or software or other intellectual property piracy.
• Doing or taking any action that puts an unreasonable or excessively large load on this website's infrastructure.
• If you have a password that will allow access to a restricted (non-public) area of this website, revealing it to, or sharing your password with anyone else, or using your password for any illegal reason.
• By means of using or trying to use any engine, software, tool, agent or other mechanism or device (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the usually familiar search agents and search engine, and other than commonly available third party website browsers (e.g., Safari, Microsoft Explorer, Firefox)
• Trying to disassemble, decode, decipher, decompile or overturn engineer any of the software which comprises or is in any way making up a part of this website.
• Stealing, copying or duplicating any of the content, data and information that is in the website in any way.
• Framing of or linking to any of the website content or information available from this website.
• Contributing or participating in a refutation/denial-of-service damage against this website or against any other website or computer environment by using this website.
• Making an attempt to collect or attempting to collect any information of other clients, including account and passwords or other information, or actually providing to or trying to transmit through this website any material be it unlawful or if it violates the rights of other clients or people in general.
• Engaging in any screen scraping or data attainment and consolidation.
• Attempting to copy or adapt the HTML, asp.net, vd.net, XML, java script or any other active or dynamic code that this website makes to compose any Website Content or the pages making up this website.
• Infringing the intellectual property rights of others in any way.
• Making any illegal or unauthorized business-related use of this website.
• Using the contact details of the members of this website for any reason other than for the purpose of this website.

Site Security Rules

People who use this website are forbidden from violating or attempting to violate the security of this website. SURF SNOW HOUSE XCHANGE and its owner will look into and investigate incidences that may involve such violations and may involve, and assist with, the law enforcement organizations in prosecuting members or users who are implicated in such violations, including, without limitation:

• Trying to search, test or scan the susceptibility or vulnerability of a network or system or to break security or authentication measures without the correct authorization.
• Trying to obstruct with the service to any network, host or user, including, without limitation, via the method of submitting a virus to this website, overloading, 'flooding', 'spamming', 'mail bombing' or 'crashing'.
• Falsify or forge any IP/TCP packet header or any part of the header information in any e-mail or newsgroup posting. Breach of network security could result in civil or criminal liability being taken.
• Accessing data not proposed for such user or logging into a server or member account or account which the user is not allowed to access.

Use of Website

THE WEBSITE CAN RESERVE THE RIGHT TO END OR LIMIT YOUR  RIGHT OF ENTRY TO THE WEBSITE OR PART THEREOF AT ANY TIME WITHOUT ANY NOTICE WHATSOEVER. THE SITE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. WHEN USING THIS WEBSITE IT IS AT YOUR SOLE RISK.

User Information

You are exclusively and solely accountable for the information and data that you give or upload to this website, as well as but not limited to your house/property descriptions. You warrant that the information given by you through this Website is complete, your own information, accurate and truthful, and you agree to hold SURF SNOW HOUSE XCHANGE and its owner protected and harmless from any claims happening out of your data or information given to this website that is not precise, honest or true.

 

You keep the ownership and copyright to the uploading information posted. You may not make use of, copy, change, circulate, or reproduce the content posted by other members in any way without their prior permission. You allow SURF SNOW HOUSE XCHANGE the non-exclusive global right to publish and circulate the information and content uploaded by you without any compensation. SURF SNOW HOUSE XCHANGE is not a party to give such permission and is not caught up in any contractual, relationship or otherwise, between users of this service.

 

A valid email address (your 'Information') will need to be provided to SURF SNOW HOUSE XCHANGE when you submit certain information.

 

In adding to the terms that might be set forth in any privacy policy on this Website, you must understand and be in agreement that SURF SNOW HOUSE XCHANGE may reveal to third parties, on an unidentified basis, certain collective information contained in your registration submission.

 

SURF SNOW HOUSE XCHANGE will not show to any third party your name, address, e-mail address or telephone number without your prior permission, except if it is necessary or we have to comply with applicable laws or in legal events where such information is appropriate.

 

SURF SNOW HOUSE XCHANGE reserves the right to present third party information and products to you supported on the preferences that you recognize in your registration and at any time afterwards; for instance such offers may be made by the SURF SNOW HOUSE XCHANGE or by third parties. Read the SURF SNOW HOUSE XCHANGE Privacy Policy for more information.

 

SURF SNOW HOUSE XCHANGE and its owner takes no accountability for members of this website who include, by choice or by mistake, their home address and/or surname when giving a description of their 'Owner Profile' or 'House and Location Description'. In the case that this does happen, SURF SNOW HOUSE XCHANGE will attempt to make contact with the member to make certain that they intended this information to be seen on their member profile.

 

If the house/property you have uploaded onto this website is not that of your own, it is essential to have the consent of the owner/landlord in writing and signed by the owner/landlord and yourself.

Use of Website Information

You will be solely accountable for making a decision whether any of this website's information, is appropriate for your use. People who visit this website and those who use this information given through this website do so at their own risk, and SURF SNOW HOUSE XCHANGE and its owner assume no responsibility or liability for any actions taken by users of this website.

 

The content and information within this website is for informational reasons only, and SURF SNOW HOUSE XCHANGE and its owner offer no express or implied assurance or guarantee concerning the benefits or effectiveness of any information acquired from this website. SURF SNOW HOUSE XCHANGE and its owner make no express or implied assurance or guarantee that you will find that the information acquired from this Website will be suitable for your own situation, will be appropriate, complete, be of advantage, that you will find well-matched house/property swap partners, or that a house/property swap will happen.

 

SURF SNOW HOUSE XCHANGE and its owner has no legal responsibility or accountability to users for performance or non-performance of any actions in which visitors to this website  connect through the information given by SURF SNOW HOUSE XCHANGE or connect with third parties with whom they come in contact through this Website.

 

You are advised to seek advice from real estate or other professionals with regard to any action you might assume regarding the use of information on this website. Further, SURF SNOW HOUSE XCHANGE and its owner are not liable for any compensation sustained upon your dependence on the information received through this website.

 

Nothing in or on this Website (SURF SNOW HOUSE XCHANGE) is planned to offer real estate rental or real estate advice, and not in anyway is it an alternative or a replacement for any such advice.

 

For all guests who visit this website, the information and content on the website stand for the information as at the date of publication. SURF SNOW HOUSE XCHANGE may have certain historical information. The historical information necessarily is not present and is there only for a reference. It is up to the member to ensure and verify that information is recorded correctly. SURF SNOW HOUSE XCHANGE and its owner are not accountable if information that is presented on this site is not reliable, correct, accurate, complete, timely, or present, and SURF SNOW HOUSE XCHANGE and its owner do not presume any responsibility for mistakes, typographical mistakes, inaccuracies or omissions.

 

Any dependence upon the information seen and read on this website will be done at your own risk. SURF SNOW HOUSE XCHANGE  and its owner has the right to change the information shown and contents of the website at any time, but SURF SNOW HOUSE XCHANGE  and its owner have no duty to bring up to date any information on this website. You are in agreement that it is your responsibility to check adjustments to the website.

 

This website is only an information database. SURF SNOW HOUSE XCHANGE will take no liability or responsibility for any contracts or agreements entered into by and taken between members, and SURF SNOW HOUSE XCHANGE is not otherwise involved in the actual contract or transaction between the users (members) of this website and/or any third party.

 

SURF SNOW HOUSE XCHANGE cannot confirm, endorse or validate any references, written or otherwise, and will accept no responsibility regarding the recommendations or information claimed by our members. As a consequence, SURF SNOW HOUSE XCHANGE has no control over the quality, safety or legality of information sourced from the users of this website (SURF SNOW HOUSE XCHANGE) and/or from third parties or the truth or correctness of any such information. Plus, take into account that there are dangers, including but not limited to the risk of physical harm, of dealing with people you do not know, foreign nationals, persons under the age of adulthood or people acting under fake pretences. You presume all risks related to dealing with third parties with whom you get in contact through the website and/or from information obtained through this website.

 

As SURF SNOW HOUSE XCHANGE does not and cannot be a participant in user-to-user communication/dealings or be in charge of the behaviour of members on this website, in the case that you have a dispute with a  member or members, you release SURF SNOW HOUSE XCHANGE and its owner from demands, claims and damages (real 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. SURF SNOW HOUSE XCHANGE and its owner cannot and do not verify that each person who uses this website is who they claim to actually be.

 

You are aware and acknowledge that listing details on the SURF SNOW HOUSE XCHANGE website database is public and may be seen by anyone viewing the SURF SNOW HOUSE XCHANGE website, and that these details may be indexed by search engines.

 

You will indemnify and hold harmless SURF SNOW HOUSE XCHANGE and its owner from and against any claims, damages, liabilities, costs and expenses, including reasonable legal fees, arising out of your violation of these warranties and representations.

Membership

The membership fee that SURF SNOW HOUSE XCHANGE charge is non-refundable once payment is processed. If you join up with SURF SNOW HOUSE XCHANGE and have not made a house/property swap after a year we will waive the membership fee for the following year.

Registration and Password

 

The privacy of your membership details and password is your own responsibility. All uses of your registration, whether or not authorized by you, come under your responsibility. SURF SNOW HOUSE XCHANGE requires immediate notification of any unauthorized use of your password or registration. Your membership may not be transferred or assigned.

   

Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement

 

If you believe that your copyrighted work has been uploaded to this website and is accessible on this website in a way that constitutes copyright infringement, please notify us with the following information and we will forward this to our designated copyright agent:

• The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
• A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
• Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring (you must include enough information to allow us to locate the material or the activity);
• Your name, address, telephone number and, if you have one, your e-mail address;
• A statement by you that you have a good faith belief that use on the website of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and a statement by you that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

Intellectual Property

 

"SURF SNOW HOUSE XCHANGE", and any other trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the owner, 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 site (including, without limitation, all programs, complied binaries, interface layout, interface text, documentation and graphics) is the property of SURF SNOW HOUSE XCHANGE and the owner and is protected by relevant Australian laws. The owner reserves any rights not expressly granted to you.

 

You may not modify or sell the website (SURF SNOW HOUSE XCHANGE) contents or duplicate, show, communicate to the public, distribute, or otherwise use the website contents in any way for any public or commercial use. The use of the website content on any other website or in a networked computer environment for any purpose is illegal.

 

DISCLAIMERS

 

IF YOUR USE OF THIS WEBSITE CAUSES DAMAGE OF ANY KIND TO YOUR OR ANY OTHER RELVANT THIRD PARTY'S EQUIPMENT OR DATA, SURF SNOW HOUSE XCHANGE AND ITS OWNER ARE NOT ACCOUNTABLE FOR THOSE COSTS. THIS WEBSITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY TYPE. SURF SNOW HOUSE XCHANGE AND ITS OWNER DOES NOT PERMIT THAT THIS WEBSITE WILL FUNCTION PROBLEM-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER DAMAGING DEVICES.

 

SURF SNOW HOUSE XCHANGE AND ITS OWNER, 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. SURF SNOW HOUSE XCHANGE AND ITS OWNER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

 

THE TRANSMISSION OR BROADCAST OF INFORMATION OR DATA (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, SURF SNOW HOUSE XCHANGE AND ITS OWNER DOES NOT TAKE ON ANY LEGAL RESPONSIBILITY FOR ANY DAMAGE YOU MAY EXPERIENCE OR COSTS YOU MAY HAVE 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 PERSONAL INFORMATION).

 

WHILE SURF SNOW HOUSE XCHANGE SHALL TAKE COMMERCIALLY REASONABLE EFFORTS TO SAFEGUARD THE PRIVACY OF THE INFORMATION YOU PROVIDE 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 YOU ON OUR PART IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED BY US OR ACCESSED BY THIRD PARTIES WITHOUT OUR CONSENT.

 

SURF SNOW HOUSE XCHANGE AND ITS OWNER TAKES NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR THE CONTENTS OF THE INFORMATION YOU HAVE UPLOADED TO THE 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 SURF SNOW HOUSE XCHANGE AND ITS OWNER RESPONSIBLE FOR LOSS OF FILES OR DATA THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND OUR CONTROL. ALL CUSTOMERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THE FILES AND DATA TRANSFERRED TO THE SITE.

   

LIMITATION OF LIABILITY

 

TO THE UPMOST DEGREE PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER SURF SNOW HOUSE XCHANGE AND ITS OWNER NOR ANY THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL 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 SITE 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 THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

SURF SNOW HOUSE XCHANGE AND ITS OWNER'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

   

DISCLAIMER OF CONSEQUENTIAL DAMAGES

 

IN NO WAY SHALL SURF SNOW HOUSE XCHANGE, ITS OWNER, MEMBERS, AGENTS, REPRESENTATIVES, SUPPLIERS, OR ANY THIRD PARTIES STATED OR MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE AND THE WEBSITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SURF SNOW HOUSE XCHANGE AND ITS OWNER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

   

YOUR LIABILITY

 

WHEN USING THE WEBSITE, 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 HOLD HARMLESS, DEFEND AND INDEMNIFY SURF SNOW HOUSE XCHANGE, ITS OWNER, AFFILIATES, 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:

• YOUR USE OF THE SURF SNOW HOUSE XCHANGE WEBSITE;
• ANY MATERIAL YOU PROVIDE TO THE SURF SNOW HOUSE XCHANGE' WEBSITE;
• ANY WEBSITE CONTENT THAT YOU USE; OR
• YOUR BREACH OF THE TERMS AND CONDITIONS, PRIVACY STATEMENT, REPRESENTATIONS AND WARRANTIES. SURF SNOW HOUSE XCHANGE SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. 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

 

SURF SNOW HOUSE XCHANGE has the power and right to terminate any listing and registration at any time, with or without warning or notice to the member and without reimbursement, should information or the action or actions from any member be deemed by SURF SNOW HOUSE XCHANGE to be inappropriate, misleading or dishonest, a violation of the Terms of Use or Privacy Statement, or if SURF SNOW HOUSE XCHANGE is unable to confirm or authenticate any information you submit to the website.

   

Breach of Agreement

 

SURF SNOW HOUSE XCHANGE has the power and right, at its own judgment, to pursue all of its legal remedies, also, but not limited to, immediate termination without any notice whatsoever of your listing and registration of your property/house with, or ability to access, this website and/or any other service supplied to you by SURF SNOW HOUSE XCHANGE, upon any breach by you of these Terms of Use or Privacy Statement, or if SURF SNOW HOUSE XCHANGE is unable to confirm or authenticate any information you submit to the website.

   

Additional Terms and Conditions

 

This website's Privacy Statement, Terms of Use  and other related documents and agreements form the entire agreement between you and SURF SNOW HOUSE XCHANGE with respect to the use of website. No changes to these Terms of Use will be made except by a modified posting on this page.

 

Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, SURF SNOW HOUSE XCHANGE does not offer or make any undertaking as to the quality or nature of the information obtained on the website or of any of the products or services purchased through this website, or any other representation, warranty or guarantee.

 

These Terms of Use are governed by and taken in accordance with the laws of Australia applicable therein, without regard to conflict of laws. You irrevocably consent to the exclusive jurisdiction of the courts located in Australia in connection with any action arising out of or related to these terms of use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-convenience in any such action.

 

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

 

SURF SNOW HOUSE XCHANGE and its owner 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/regions. If you access the website you are responsible for compliance with the laws of your jurisdiction.