Vacation Rentals Lounge Terms and Conditions ("Terms")
By using or accessing VacationRentalsLounge.com
(the "Site"), you acknowledge that you agree to and are subject of the
following terms and conditions (the "Terms"). If you do not agree to these
Terms, you may not access or otherwise use the Site. The Terms constitute a legally
binding agreement between you and Acclivity Technology, LLC. ("VacationRentalsLounge.com",
"we", "us" or "our").
1. The Site is a Venue
1.1 Please be advised that we
are not a party in any rental transaction. We do not own nor can we contract for
any vacation rental property on the Site. Instead, the Site acts as a venue to allow
a member of our Site (each, an "owner") to offer for rent, or rent, in
a variety of pricing formats, a specific vacation rental property to potential renters
(each, a "renter" and, collectively with an owner, the "users").
We are not involved in the actual transaction between renters and owners even though
we may from time to time provide tools, such as direct booking, that enable a renter
to enter into a transaction to lease a specific property directly from the owner
of that property. As a result, the quality, safety or legality of the properties
advertised, the truth or accuracy of the listings (including the content thereof
or any property or guest book review), the ability of owners to rent vacation property
or the ability of renters to pay for vacation rental properties are solely the responsibility
of the users.
Notice to Renters
VacationRentalsLounge.com assumes
no responsibility for the accuracy of advertisements on this web site, nor the condition
of property, nor the character of the owner. It is the responsibility of the potential
renter and strongly recommended to ascertain the validity of each property. Obtain
terms and conditions in writing. Rates are subject to change without notice.
Notice to Owners
VacationRentalsLounge.com is not
responsible for renters of property. It is the responsibility of the owner and strongly
advised to validate the qualifications of the potential renters. Specify terms and
conditions in writing.
2. Personal Use
2.1. Although we do charge a fee
to owners to advertise their vacation rental properties on the Site, we do not charge
renters to access the Site and research listings. Accordingly, we grant users a
limited, revocable, non-exclusive license to access the Site to, as applicable,
advertise vacation rental properties and/or research, view or make legitimate inquiries
to owners regarding their interest in particular vacation rental properties for
their personal use, all in accordance with these Terms. Any other use of the Site
is expressly prohibited. Importantly, this license does not include any right of
collection, aggregation, copying, duplication, display or derivative use of the
Site nor any right of use of data mining, robots, spiders or similar data gathering
and extraction tools without our prior written permission; provided, however, that
a limited exception from the foregoing exclusion is provided to general purpose
internet search engines and non-commercial public archives that use tools to gather
information for the sole purpose of displaying hyperlinks to the Site, provided
they each do so from a stable IP address or range of IP addresses using an easily
identifiable agent and comply with our robots.txt file. "General purpose internet
search engine" does not include a website or search engine or other service
that provide classified listings or property rental advertisements, or any subset
of the same, or which is in the business of providing vacation property rental services.
3. Proprietary Rights and Downloading
of Information from the Site.
3.1. The Site is protected by
copyright as a collective work and/or compilation, pursuant to U.S. copyright laws,
international conventions, and other copyright laws. The text, files, images, photos,
maps and other materials on the Site (collectively, the "content") are
only for your personal use. All content on the Site, and the Site itself, is protected
by copyright and database rights, and you will abide by any and all additional copyright
notices, information, or restrictions contained in or relating to any content on
the Site. Copying or storing of any content for other than for your personal, noncommercial
use is expressly prohibited without the prior written permission from us or the
applicable copyright holder. As part of the rental inquiry process, for your own
personal, noncommercial use and not for further distribution, you may download,
display, and/or print one (1) copy of any portion of the Site. You may not modify
the same, and you must reproduce our copyright notice in the form "© VacationRentalsLounge.com
- All Rights Reserved" as displayed on the relevant portion(s) of the Site
that you desire to download, display or print.
4. Unauthorized Use.
4.1 Unless otherwise provided
within these Terms, or unless otherwise applicable law requires us to allow you
to do so, you may not do any of the following without our prior written consent:
-
Copy, reproduce,
upload, post, display, republish, distribute, or transmit any part of the content
in any form whatsoever;
-
Reproduce any
portion of the Site on your website or otherwise, using any device including, but
not limited to, use of a frame or border environment around the Site, or other framing
technique to enclose any portion or aspect of the Site, or mirror or replicate any
portion of the Site;
-
Modify, translate
into any language or computer language, or create derivative works from, any content
or any part of this Site;
-
Reverse engineer
any part of this Site;
-
Sell, offer
for sale, transfer, or license any portion of the Site in any form to any third
parties;
-
Use any robot,
spider, other automatic device, or manual process to monitor, copy, or keep a database
copy of the content or any portion of the Site;
-
Use the Site
other than to advertise and/or research vacation rentals and to make legitimate
inquiries to our owners;
-
Use the Site
to make any false, fraudulent or speculative reservation, or any reservation in
anticipation of demand;
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Post or transmit
any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent,
inflammatory, sexually explicit, pornographic or profane material or any material
that could constitute or encourage conduct that would be considered a criminal offense,
give rise to civil liability, or otherwise violate any law or for any other purpose
that is unlawful or prohibited by these Terms;
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Post or transmit
any information that constitutes or contains false or misleading indications of
origin or statements of fact;
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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, or infringes on our copyright or any copyright of our members;
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Violate, plagiarize
or infringe the rights of third parties including, without limitation, copyright,
trademark, patent, rights of publicity or privacy or any other proprietary rights;
-
Upload or transmit
to the Site or use any device, software or routine that contains viruses, Trojan
horses, worms, time bombs, or other computer programming routines that may damage,
interfere or attempt to interfere with, or intercept, the normal operation of the
Site, or appropriate the Site or any system, or take any action that imposes an
unreasonable load on our computer equipment, or that infringes upon the rights of
any third party; or
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Disguise the
origin of the information transmitted through the Site.
If you are aware of or experience
any content, activity or communication through or in connection with the Site that
appears to be in violation of the above, or in violation of any other provision
of these Terms, we ask that you please inform us of any such violation by sending
an email to
5. Inquiries
5.1. When you use the Site to
send an inquiry to an owner, you agree to allow the Site or its affiliated websites
to add your email address to our database of customers. You will receive at least
one promotional email from either the Site or its affiliated websites. You are welcome
to opt not to receive emails from the Site or its affiliated websites at any time.
6. Changes to Site.
6.1. We may change, suspend or
discontinue any aspect of the Site at any time, including the availability of any
Site features, database, or content. We may also impose limits on certain features
or services or restrict your access to parts or the entire Site without notice or
liability.
7. Accuracy.
7.1. We do not and cannot review
all content posted to the Site by owners, or by other users or renters who may have
posted on the Site a review of or guest book entry for any particular rental property,
and we are not responsible for any such materials posted by such owners, renters
or other users. All property listings on the Site are submitted by the owner and
are the responsibility of the owner, and we specifically disclaim any and all liability
arising from the alleged accuracy of the listings, property reviews, guest book
entries, or any alleged breaches of contract on a owner's part. If you are an
owner, by accepting these Terms and paying to list on the Site, you agree to indemnify
and hold the Site and any owner of the Vacation Rentals Lounge Group (as defined
below) harmless against all costs, expenses and losses arising out of a claim relating
to the content of your advertisement. Owners are solely responsible for keeping
their property information up to date on the Site, including, but not limited to
any and all representations about any property, its amenities, location, and its
availability for a specific date or range of dates. We do not represent or warrant
that any of the copy, content, property reviews, guest book entries, property location,
suitability, pricing or availability information published on the Site is accurate
or up-to-date even in the case where prospective renters have searched for specific
special offers, dates, or types of properties. Owners are solely responsible for
ensuring the accuracy of any property descriptions. However, we reserve the right
at all times to disclose any information as necessary to satisfy any law, regulation
or government request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, that in our sole discretion are objectionable or
in violation of these terms.
8. Limitation of Liability.
8.1. IN NO EVENT WILL THE SITE,
VACATIONRENTALSLOUNGE.COM, OUR PARENT (Olvio IT, Inc.), SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS AND/OR EMPLOYEES (COLLECTIVELY, THE "VACATION RENTALS LOUNGE
GROUP") BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR
SITE, THESE TERMS, YOUR USE OF THE SITE AND/OR ANY TRANSACTION BETWEEN USERS, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND
EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF
CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE,
OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS
ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE, YOU
DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM
WITH OR AGAINST US, ANOTHER USER OR THE SITE WITH RESPECT TO THESE TERMS OR THE
SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAUNST US IS TO DISCONTINUE USING THE
SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE VACATION
RENTALS GROUP, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN
CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU
PAY TO US IN THE SIX MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B)
$100.00 IN THE AGGREGATE.
9. Disclaimer.
9.1. THE SITE, INCLUDING ALL CONTENT,
SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH
THE SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW,
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT
ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE
USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT
LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION
OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, WE EXPRESSLY
DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN
WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13.2. YOU ACKNOWLEDGE THAT ANY
TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY
BE READ OR INTERCEPTED BY OTHERS. YOU ACKNOWLEDGE THAT BY SUBMITTING COMMUNICATIONS
TO US AND BY POSTING INFORMATION ON THE SITE, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY
IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT
TO THESE TERMS.
10. Release.
10.1. IN THE EVENT THAT YOU HAVE
A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION,
ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION), YOU HEREBY AGREE TO RELEASE,
REMISE AND FOREVER DISCHARGE THE SITE AND ANY MEMBER OF THE VACATION RENTALS LOUNGE
GROUP, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL
OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS,
DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS,
AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW
OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR
USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE
SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR."
11. Indemnity.
11.1. YOU HEREBY AGREE TO INDEMNIFY,
DEFEND AND HOLD THE SITE AND ANY MEMBER OF THE VACATION RENTALS LOUNGE GROUP (COLLECTIVELY,
THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY
AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING
OUT OF YOUR USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN
USERS REGARDING ANY TRANSACTION), ANY CONTENT POSTED BY YOU TO THE SITE OR ANY BREACH
BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU
HEREIN, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL
COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE
THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY
MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT
SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
12. Choice of Law and Forum.
12.1. ANY AND ALL SERVICES AND
RIGHTS OF USE HEREUNDER ARE PERFORMABLE AND/OR SOLD IN THE STATE OF NEW YORK, UNITED
STATES OF AMERICA, AND YOU IRREVOCABLY AGREE THAT ANY CAUSE OF ACTION YOU MAY SUBMIT
IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THESE TERMS WILL BE FILED
IN QUEENS COUNTY, NEW YORK WHICH WILL BE THE VENUE OF ANY LEGAL DISPUTE. YOU ALSO
AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE
OF NEW YORK.
13. Notification of Claims
of Infringement.
13.1. If you believe that your
work has been copied in a way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please notify our agent for claims
of copyright or other intellectual property infringement at: legal@vacationrentalslounge.com.
Please include the following in
your notice: (a) identify with specific detail the material on the Site that you
claim is infringing; (b) 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;
(c) a statement by you declaring under penalty of perjury that (i) the above information
in your notice is accurate, and (ii) you are the owner of the copyright interest
involved or that you are authorized to act on behalf of that owner; (d) your physical
address, telephone number and email address; and (e) your physical or electronic
signature. We will thereafter remove the allegedly infringing content, subject to
the procedures outlined in the Digital Millennium Copyright Act (DMCA).
14. No Agency.
14.1. Our relationship is that
of independent contractors, and no agency, partnership, joint venture, employee-employer
or franchiser-franchisee relations is intended or created by these Terms or your
use of the Site.
15. Notices.
15.1. Except as explicitly stated
otherwise, any notices shall be given (in the case of you contacting us) by email
to contact@vacationrentalslounge.com, or, when we need to send you notice, to the
email address you provide to the Site during the registration process (in your case,
and as applicable). Notice shall be deemed given upon receipt or 24 hours after
email is sent, unless the sending party is notified that the email address is invalid.
Alternatively, we may give you notice by certified mail, postage prepaid and return
receipt requested, to any address provided to us during the registration process
(as applicable). In such case, notice shall be deemed given three days after the
date of mailing.
16. Amendments.
16.1. We reserve the right, in
our sole discretion, to change, modify, add or remove any portion of these Terms,
in whole or in part, at any time. Notification of changes to these Terms will be
posted on the Site and will be effective immediately thereafter. Your continued
use of the Site following the posting of any such change, modification or amendment
will constitute your acceptance thereof.
17. Links to Third-Party Sites.
17.1. This Site may contain links
and pointers to other Internet sites, resources, and sponsors of the Site. Links
to and from the Site to other third-party sites, maintained by third parties, do
not constitute an endorsement by us of any third-party sites or the contents thereof.
18. Your Record of These Terms.
18.1. We do not separately file
the Terms entered into by each user of the Site. Please make a copy of these Terms
for your records by printing and/or saving a downloaded copy of the Terms on your
personal computer.
19. Miscellaneous.
19.1. These terms constitute the
entire agreement between us and you with respect to your use of the Site. We may
immediately terminate any user's access to or use of the Site due to such user's
breach of these Terms or other unauthorized use of the Site. Any cause of action
you may have hereunder or with respect to your use of the Site must be commenced
within one (1) year after the claim or cause of action arises. Our failure to exercise
or enforce any right or provision of these Terms shall not constitute a waiver of
any such right or provision. If for any reason a court of competent jurisdiction
finds any provision of these Terms, or portion thereof, to be unenforceable, that
provision shall be enforced to the maximum extent permissible so as to affect the
intent of these Terms, and the remainder of these Terms shall continue in full force
and effect.
20. Owner Eligibility; Accuracy
of Information.
20.1. 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.
20.2. Each owner further represents
and covenants that any information submitted to the Site during such member's
registration with the Site shall be true and correct. Owner further agrees to provide
notice to the Site by sending an email to contact@vacationrentalslounge.com regarding
any updates to any such contact information previously submitted by owner to the
Site.
21. Content, Layout and Copy.
21.1. We reserve the right to
determine in our sole discretion the final design, layout and functionality of our
Site, which is subject to change from time to time without notice.
21.2. We reserve the right, in
our sole discretion, to review and edit copy or amend the content, layouts or photographs
supplied by any member. All content and copy edits submitted by owners are subject
to review and approval by us in our sole discretion.
21.3. Notwithstanding our right
to edit and amend the content, copy and photographs, we do not accept and we shall
not have any liability for any loss or damage resulting from the design or positioning
of the copy, properties, content and/or photographs or any change made to any content,
photograph or copy submitted by any member or edited or amended by us.
22. Photographs.
22.1. All printed (paper based)
photographs submitted by a member will be discarded after we have scanned the same
into our electronic database. Regretfully, we are unable to return such photographs
to you or retain paper copies in our files.
22.2. We will use reasonable efforts
to reproduce faithfully any photograph submitted, but we are not responsible for
any loss or damage or harm otherwise resulting from any defect in this regard.
22.3. By submitting a photograph
either electronically through the Site or by mailing a paper photograph to our offices,
the member represents and warrants that (a) (i) it holds all intellectual property
rights with respect to each submitted photograph, or (ii) it has secured from the
copyright holder all rights necessary for the photograph to be used in an online
advertisement, (b) that any people in the photograph have given permission for their
likeness to be displayed in an online advertisement, (c) that the photograph accurately
and fairly represents the subject of the photograph and has not been altered in
any manner that would mislead a viewer of that photograph, and (d) that it will
indemnify and hold harmless the Site and any member of the Vacation Rentals Group
from any cause of action arising from any misrepresentation with respect to any
and all the photographs so submitted.
23. Copyright Grant.
23.1. If you are an owner, by
accepting these Terms and by paying for and posting a listing on the Site, you grant
to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive,
royalty-free and fully paid-up license to use, copy, license, sublicense (through
multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit,
modify, edit and otherwise exploit the copy, the photographs and the likenesses
(if any) of any content you post on the Site or the websites of our affiliates,
and you grant the Site and its holding company, VacationRentalsLounge.com the ability
to copyright and protect the images, copy, and content available via your listing
from the unauthorized use by unaffiliated third parties who may, from time to time,
attempt to pirate such information via electronic or other means. We need these
rights to host and display your listing. You further agree to assist us-at our expense
and control-to protect such copyrighted material from unauthorized redistribution.
We are not responsible for any infringement or violation of laws resulting from
content supplied by any member and each member will indemnify and hold harmless
the Site and any member of the Vacation Rentals Lounge Group against any action
brought for breach of copyright or other rights from the use of such content supplied
by such member. Each member hereby waives and releases all rights to any claim against
us for any alleged or actual infringement of any proprietary rights, rights of privacy
and publicity, moral rights and rights of attribution in connection with any content
posted or provided to us by such member.
23.2. Each member agrees that
we may reproduce in whole or in part any photographic material supplied by such
member in the promotion of either such member's property or the promotion of
the Site.
23.3. It is the owners' responsibility
to obtain reproduction permission for all photographic and other material used in
their advertisements. The owner warrants that he is the owner of the copyright in
such material or is authorized by the owner thereof to grant to us the rights therein
contained.
24. Hypertext Links.
24.1. We reserve the right to
refuse hypertext links to, or addresses of, other web sites from members' pages,
and to remove links or web addresses without notice at our sole discretion. Further,
we reserve the right to charge for hypertext links at any time.
25. Guest Books/Property Reviews/Forum
Entries/Journals/Blog Entries.
25.1. Any entries in the guest
book or property review section of any member's listing must be genuine comments
from guests who have stayed at the property advertised. The e-mail address(es) of
the guest(s) whose comments are given must be supplied by a member to us upon our
request.
26. Substitution of Properties.
26.1. Each advertisement may only
relate to a specific property. The property in an advertisement may not be substituted
by another property. If a member submits changes to an existing listing that, if
approved, would substantially alter the listing to make it that of another property,
then we have the right to terminate the listing and may choose, in our sole discretion,
to retain any fees associated with the term of the previously existing listing as
compensation for the violation of this condition.
27. Advertising More than One
Property on One Advertisement.
27.1. Each advertisement on the
Site displays an individual and uniquely identified property available for short-term
vacation rental. The listing specifically cannot be a mere example of properties
in a given area. Only one property can appear on each advertisement, unless it is
a property with multiple rental units on the same site and additional advertising
units are purchased. We reserve the right to amend the copy or remove any advertisement
when more than one property is described in such advertisement, and may choose,
in our sole discretion to retain any fees associated with the initial term of such
non-conforming listing as compensation for the violation of this condition.
28. Unauthorized Payment Methods
28.1. No member may request any
traveler to mail cash, or utilize any instant-cash wire transfer service such as
Western Union or MoneyGram in payment for all or part of a property rental transaction.
Any violation of this term or any other unacceptable payment methods that may be
posted on the Site from time to time may result in the immediate removal of the
non-conforming listing from the Site without notice to member and without refund.
29. Termination of Listing
29.1. All listings are sold to
run the full term that is chosen by the member. Refunds are only available for your
first listing during the first month of service. No refunds are available on your
second or subsequent listings. Please take this into account prior to adding additional
listings or renewing your listing. Refunds do not apply to timeshare units OR in
cases where the property is offered for rent less than 6 months of the year. If
you are dissatisfied with your initial listing for ANY REASON during the first month
of service, we will cancel your listing and send you a refund less a $75 service
fee.
To request a refund, please send
your request to and include your listing
number, and your reason for dissatisfaction.
If you renew your listing, you
do so with the understanding that it will remain online for one full year without
refund. For information about selling your property or taking it off the market,
please see the DISCLAIMER page.
29.2. We reserve the right to
refuse in our sole discretion any advertisement submitted to us either through our
online submission process or sent to our offices for us to load or post onto the
Site. We may refuse to publish the advertisement for any reason, and each current
or prospective member expressly agrees to release and hold us harmless from any
loss or liability that may arise from such a decision.
29.3. If, in our sole discretion,
any member submits unsuitable material to our Site or into our database, persistently
misuses the Site or our online systems, or is in material breach of these Terms,
we reserve the right to remove immediately such member's property from the Site
without refund.
29.4. If we become aware of or
receive a complaint from any person or entity regarding a member's listing or
rental practices that, in our sole discretion, warrants the immediate removal of
such member's allegedly offensive listing from the Site (for example, and without
limitation, if a member double-books a property for multiple travelers on the same
date, or engages in any practice that, in our sole discretion, would be considered
unfair within the vacation rental industry, or if we receive a complaint that any
listing's content infringes on the rights of a third party), then we may immediately
remove the allegedly offensive listing from the Site without notice to the member
and without refund while we investigate the basis for the complaint. If we conclude,
in our sole discretion, that any such complaint is meritorious, then we may permanently
remove the offensive listing from the site without notice to the member and without
refund.
29.5. If any member is in breach
of these Terms or its obligations to us then we may immediately remove such member's
listing from the Site without notice to the member and without refund.
30. Transfer of Listing.
30.1 No listing may be transferred
to another party, except that if a member sells the property that is listed, the
member may transfer its listing to the new owner of the property that is listed.
We may, at our discretion, charge a reasonable transfer fee.