|
Terms and Conditions of Use
By using or accessing IRentFromOwner.com you acknowledge that you
agree to and are subject to the following terms and conditions. If you do not
fully agree to these Terms, you may not access or otherwise use the Site. You
should read through all the Terms carefully. The Terms constitute a legally
binding agreement between you and IRentFromOwner.com.
1. We are only a independent contractor not a owner and have no intrest in
the properties we advertise.
1.1. PLEASE BE ADVISED THAT WE ARE NOT A PARTY TO ANY
RENTAL TRANSACTION. We do not own nor can we contract for any vacation rental property listed on
the Site. We allow the member of our site to offer for rent, or rent, in a
variety of pricing formats, a specific vacation rental property to potential
renters. We are not involved in the actual transaction between travelers and
property owners. 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 members to rent vacation
property or the ability of travelers to pay for vacation rental properties
are solely the responsibility of each user.
2. Personal Use.
2.1. Although we do charge a fee to members to advertise their vacation rental
properties on IRentFromOwner.com, we do not charge the public to access
the Site and research listings.We grant users a limited, revocable, non-exclusive
access to our site to, advertise their vacation rental properties, and for
customers to view or make legitimate inquiries to members regarding their interest
in particular vacation rental properties for their personal use, all in accordance
with these Terms. Any other use of this Site is expressly prohibited. Copying,
duplication, of any means is prohibited.
3. Unauthorized Use.
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;
- Sell, offer for sale, transfer, or license any portion of the
Site in any form to any third parties;
- Use the Site other than to advertise and/or research vacation
rentals and to make legitimate inquiries to our members;
- Use the Site to make any false, fraudulent or speculative reservation
or inquiry, or any reservation in anticipation of demand;
- 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;
- Post or transmit any information that constitutes or contains
false or misleading indications of origin or statements of fact;
- 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;
- 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;
4. Changes to Site.
4.1. 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 all of the Site without notice or liability.
5. Your E-mail Address and Our Privacy Policy.
5.1. We will neither collect or save your email address for future use. We
do not sell or trade information about you. These policies and are subject
to change without notice.
6. Identity Verification.
6.1. User verification on the Internet is difficult and we cannot and do not
confirm each user's purported identity. We encourage you to communicate directly
with a customer or property owner.
6.2. You agree to (i) keep your password and online ID secure and strictly
confidential, providing it only to authorized users of your account, (ii) instruct
each person to whom you give your online ID and password that he or she is
not to disclose it to any unauthorized person, (iii) notify us immediately
and select a new online ID and password if you believe your password may have
become known to an unauthorized person, and (iv) notify us immediately if you
are contacted by anyone requesting your online ID and password. When you give
someone your online ID and online password, you are authorizing that person
to access and use your account, and you are responsible for any and all transactions
that person performs while using your account, even those transactions that
are fraudulent or that you did not intend or want performed.
6.3. EACH USER ACKNOWLEDGES AND AGREES THAT: (X) NEITHER
THE SITE NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR
ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER'S PASSWORD THAT OCCURS BEFORE
SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH PASSWORD AND
WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (Y) THE UNAUTHORIZED
USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO
BOTH THE SITE AND OTHER USERS. Further, we may suspend or cancel your listing at any
time even without receiving notice from you if we suspect that your password
is being used in an unauthorized or fraudulent manner.
7. Responsibility for user-contributed content.
7.1.All perspective ads will be reviewed for typograghical errors and appropriate
content which we have sole discression of. We reserve the right to decline
to permit the posting on the site, or to remove from, any user-contributed
content that fails to meet our content requirements. We may also remove user-contributed
content if it is brought to our attention, such content, has/have been apparently
breached in respect of appropriate content.
7.2. All property listings on the Site are submitted by the member and are
the responsibility of the member, 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 member's part.
Members 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 travelers have searched for specific special
offers, dates, or types of properties. Members are solely responsible for ensuring
the accuracy of any property descriptions.
8. Limitation of Liability.
8.1. IN NO EVENT WILL THE SITE, IRENTFROMOWNER.COM, SUBSIDIARIES,
AFFILIATES, OFFICERS, DIRECTORS AND/OR EMPLOYEES 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 AGAINST US IS TO DISCONTINUE
USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER
OF IRENTFROMOWNER.COM, 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) $99.00 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.
9.2. 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 OR USER-CONTRIBUTED CONTENT), YOU
HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE AND ANY MEMBER
OF IRENTFROMOWNER.COM, 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 IRentFromOwner.COM 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 OR ANY OF YOUR USER-CONTRIBUTED CONTENT),
ANY CONTENT POSTED BY YOU OR OTHER USERS OF YOUR ACCOUNT 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 NORTH CAROLINA, 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 CABARRUS COUNTY, NORTH
CAROLINA 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
NORTH CAROLINA.
13. No Agency.
13.1. 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.
14. Notices.
14.1. Except as explicitly stated otherwise, any notices shall be given by
email 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.
15. Amendments.
15.1. 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.
16. Links to Third-Party Sites.
16.1. 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.
17. Your Record of These Terms.
17.1. 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.
18. Miscellaneous.
18.1. 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 effect the intent of
these terms, and the remainder of these terms shall continue in full force
and effect.
Additional Terms and Conditions Applicable to Our Members
19. Member Eligibility; Accuracy of Information.
19.1. 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.
19.2. Each member further represents and covenants that any information submitted
to the site during such member's registration with the site shall be true and
correct. Member further agrees to provide notice to the site by completing
the web form at IRentFromOwner.com regarding any updates to any such
contact information previously submitted by member to the Site.
19.3. Each member agrees to promptly provide such proof of personal identification,
proof of ownership of the property listed on the site, and proof of authority
to list the property as we may request.
20. Content, Layout and Copy.
20.1. 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.
20.2. 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 members are subject to review and approval by us
in our sole discretion.
20.3. 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.
21. Photographs.
21.1. 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.
21.2. 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.
21.3. 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 IRentFromOwner.com
from any cause of action arising from any misrepresentation with respect to
any and all the photographs so submitted.
22. Copyright Grant.
22.1. If you are a member, 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, IRentFromOwner.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 IRentFromOwner.com
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 user-contributed 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 member's responsibility to obtain reproduction permission
for all photographic and other material used in their advertisements. The member
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.
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 $50 service fee.
• To request a refund, please send your request to IRentFromOwner.com
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.
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.
31. Payment.
31.1. Payment for listings must be made in U.S. Dollars paid either by major
credit or debit card, or a check drawn on a U.S. bank
|