This user agreement (the "Agreement" or "User Agreement") defines the terms and conditions applicable to your use of RentalPlaces.com services offered by RentalPlaces, Inc. (collectively "Distribution Services"). To help you understand some of the legal language used in this document, keep in mind that "RentalPlaces," "we," "us" and "our" all refer to RentalPlaces Inc. The terms "Property Manager", "you" and "your" are used to refer to the party who is entering into a contract with RentalPlaces Inc. for the Services. The term "Renter" is used to refer to any individual who inquires of or rents a specific vacation rental property through the Services.
2. OWNERSHIP OF DISTRIBUTION SERVICES This Site, the Distribution Services and any associated software, files, data, content, documentation, media, or any other materials provided by RentalPlaces.com (collectively "Associated Materials") are the sole property of RentalPlaces. All elements of the Distribution Services, including without limitation the general design and the Associated Materials, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Distribution Services may only be used for the intended purpose for which such Distribution Services are being made available. You may not modify any of the Associated Materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Distribution Services. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Distribution Services. For purposes of this TOU, the use of any of the Associated Materials on any other web site or .comworked computer environment is prohibited.
3. MODIFICATIONS TO SERVICES RentalPlaces reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that RentalPlaces shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. Your submission of listings and/or selection of a distribution channel is no guarantee that any or all listings will be displayed by RentalPlaces or any partner. The choice of what listings to display and when to display them rests entirely with RentalPlaces or the partner website.
4. ACCURACY OF REGISTRATION DATA In consideration of your use of the Distribution Services, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Distribution Services' registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or RentalPlaces has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RentalPlaces has the right to suspend or terminate your account and refuse any and all current or future use of the Distribution Services (or any portion thereof).
5. PROPERTY LISTINGS AND CONTENT SUBMITTED TO DISTRIBUTION SERVICES All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not RentalPlaces are entirely responsible for all Content that you upload, post or otherwise transmit via the Distribution Services. RentalPlaces does not control the Content posted via the Distribution Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Distribution Services, you may be exposed to Content that is offensive, indecent or objectionable. You will post Content related solely to rental properties that you own or manage. You must be legally able to list the property(ies) submitted by your company on the Distribution Services. Each property must be available for rent. You must accurately describe all property or community features and terms, provide photographs that you have the right to provide, and complete any information that will aid our search engines to find your property when it meets the criteria of a potential Renter. Each property listing must correspond to a single property. No property listing will include html code, inline links, or other mark-up languages or links or addresses of third party websites (websites not affiliated with Property Manager or RentalPlaces). You may not list property as a "sample" or "example" of your total inventory. We will assign your property to a location that you request unless you are misrepresenting the location of the specific property. Your Content will not be inaccurate, false, misleading or inflammatory. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the Content and your use of the Distribution Service, including any fair housing laws, regulations and ordinances. You will not mischaracterize the relationship between you and RentalPlaces or imply that RentalPlaces is a party to, or obligated under, any agreement between you and any third party. Property Manager will not change rates or terms for Renter after booking is completed without Renter’s express written permission. RentalPlaces does not claim ownership of the Content you submit through the Distribution Services. By submitting Content to RentalPlaces for inclusion on the Distribution Services, you grant RentalPlaces and any partner of RentalPlaces the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting your company or rental property listings on RentalPlaces.com and other RentalPlaces websites and services and to distribute or make available the Content to any RentalPlaces partner. RentalPlaces reserves the right to delete Content from RentalPlaces and partner sites at any time for any reason. RentalPlaces does not pre-screen Content, but RentalPlaces and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Distribution Services. Without limiting the foregoing, RentalPlaces and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You agree to honor all rate quotes provided to consumers on any web site through RentalPlaces.com without regard to the accuracy of the rate information provided In order to accurately identify bookings that were sourced through RentalPlaces.com and booked either offline or online, you grant RentalPlaces the right to review your booking records and other related information to correctly audit and account for RentalPlaces.com bookings
6. COMMISSIONS Property Manager shall pay all amounts due for use of the Distribution Services ("Commissions") within twenty-one (21) days of the date of invoice from RentalPlaces. Commissions shall be based on total rent incurred by the Renter, including any charges that are grouped with rent. Commissions will be due on the arrival date for a Renter’s booking through the Distribution Services. All payments shall be in U.S. funds. In no event shall Property Manager take any steps to avoid or decrease the Commission amount due to RentalPlaces, including without limitation canceling a Renter and rebooking such Renter within Property Manager’s system. Commissions shall be paid to RentalPlaces for all online, offline, mobile and any other form of bookings in which the booking, or an inquiry which resulted in a booking within 60 calendar days of the initial inquiry, was generated through the RentalPlaces.com program.
8. PROPERTY MANAGER CONDUCT You will not use the Distribution Services to:
(a) Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) Impersonate any person or entity, including, but not limited to, an RentalPlaces official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
(d) Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(f) Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Services that are designated for such purpose;
(g) Upload, post or otherwise transmit any content that requires membership or payment to access any or all of the content posted. This includes, but is not limited to, use of Services by fee-based services, rental locator services, or any other company that requires additional fees or obligations to access content or information;
(h) Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) Interfere with or disrupt the Services or servers or .comworks connected to the Services, or disobey any requirements, procedures, policies or regulations of .comworks connected to the Services;
(j) Violate any applicable local, state, national or international law, regulation or ordinance;
(k) "Stalk" or otherwise harass another;
(l) Promote or provide instructional information about illegal or harmful activities;
9. ACCOUNT SECURITY. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Distribution Services and Web Site. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able access your account so you should take reasonable steps to protect this information.
10. NO ENDORSEMENT OR ADVICE As part of the Distribution Services, RentalPlaces may make available a variety of content through the Site prepared by itself or third parties. This content is for informational purposes only and is not intended as tax, legal or investment advice.
11. ACCESS & INTERFERENCE Much of the information on the Distribution Services is updated on a real time basis and is proprietary or is licensed to RentalPlaces by users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any and all measures we may use to prevent or restrict access to the Site.
12. INDEMNITY You will indemnify, protect, defend and hold RentalPlaces, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Distribution Services, your connection to the Distribution Services, your violation of the TOU, or your violation of any rights of another.
13. TERMINATION You agree that RentalPlaces, in its sole discretion, may terminate your password, your access to RentalPlaces.com, use of the Distribution Services or use of any other RentalPlaces services, and remove and discard any Content within the Distribution Services, for any reason, including, without limitation, for lack of use or if RentalPlaces believes that you have violated or acted inconsistently with the letter or spirit of the TOU. RentalPlaces may also in its sole discretion and at any time discontinue providing the Distribution Services, or any part thereof, with or without notice. Any termination of your access to the Distribution Services under any provision of this TOU may be effected without prior notice. Further, RentalPlaces shall not be liable to you or any third-party for any termination of your access to the Services.
14. LINKS The Distribution Services may provide, or third parties may provide, links to other websites or resources. RentalPlaces is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that RentalPlaces shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such website or resource.
15. USER FEEDBACK AND SUBMISSIONS POLICY Although we welcome your comments and feedback to the Site and our services, except as expressly agreed by RentalPlaces, any such submissions, comments or feedback will not be considered confidential. RentalPlaces cannot guarantee that it will respond to your comments, submissions or feedback. Notwithstanding the foregoing, if you do send us a submission, comment, or feedback, you agree not to assert any ownership right of any kind in the submission, comment, or feedback (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you hereby grant RentalPlaces a nonexclusive, perpetual worldwide license to the submission in every media and for every purpose now known or hereinafter discovered and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. You release RentalPlaces (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your unsolicited submissions, including without limitation all claims for theft of ideas or copyright infringement.
16. DISCLAIMER OF WARRANTIES Your use of the Distribution Services and any Content is at your sole risk. RentalPlaces does not pre-screen Renters and shall not be responsible for any Renter behavior during the rental period, any consequences of the Renter’s cancellations or any failure of the Renter to pay any amount due for the rental. The Distribution Services are provided on an "as is" and an "as available" basis. RentalPlaces expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, course of dealing, usage of trade and non-infringement, that the Distribution Services will meet your requirements or will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the Distribution Services will be accurate or reliable, that the quality of the products, services, information, or other material purchased or obtained by you through the Distribution Services will meet your expectations, that any errors in the software will be corrected, or that any third party will perform as promised. No advice or information, whether oral or written, obtained by you from RentalPlaces or through or from the Distribution Services shall create any warranty not expressly stated in the TOU.
17. LIMITATION OF LIABILITY RentalPlaces shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages or loss of profits, goodwill, use, data, or other intangible losses (even if RentalPlaces has been advised of the possibility of such damages) resulting from: (i) the use or the inability to use the Distribution Services; (ii) the cost of procurement of substitute goods and services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Distribution Services; or (v) any other matter relating to the Distribution Services. Further, RentalPlaces shall not be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines; telephone or other interconnectivity problems; bugs, errors, configuration problems, or incompatibility of computer hardware or software; failure or unavailability of Inter.com access, problems with Inter.com service providers with intermediate computer or communications .comworks or facilities; problems with data transmission facilities of your telephone or telephone service; or unauthorized access, theft, operator errors, severe weather, earthquakes, acts of God, acts of war or labor disputes. RentalPlaces Inc. is not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Services. You further agree that RentalPlaces shall not be liable to you or any other third party for any information submitted to you by a renter or prospective renter or for the suitability of qualification of any renter or prospective renter. Resolution of Disputes In the event a dispute arises between you and RentalPlaces, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and RentalPlaces agree that any claim or controversy at law or equity that arises out of this Agreement and our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative resolution procedures, such as mediation, as an alternative to litigation.
18. RESOLUTION OF DISPUTES: In the event a dispute arises between you and RentalPlaces, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and RentalPlaces agree that any claim or controversy at law or equity that arises out of this Agreement and our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative resolution procedures, such as mediation, as an alternative to litigation.
Binding Arbitration: For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or RentalPlaces may elect to resolve the dispute through binding arbitration conducted by telephone, online and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Court: Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Beaufort County, South Carolina or where the defendant is located (in our case, Hilton Head Island, South Carolina and in your case your home address or principal place of business). You and RentalPlaces agree to submit to the personal jurisdiction of the courts located within the county of Beaufort, South Carolina.
Alternative Dispute Resolution: Alternatively, RentalPlaces will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Beaufort County, South Carolina or another location mutually agreed upon by the parties.
19. GENERAL RELEASE Because RentalPlaces is not involved in transactions between Property Managers and Renters or any third parties, if a dispute arises between one or more users of the Distribution Services, each of you release RentalPlaces (and its agents and employees) from claims, demands, and damages (actual and consequential) 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.
20. NOTICE Notices to you may be made by e-mail or regular mail. RentalPlaces may also provide notices of changes to the TOU, Distribution Services or other matters by displaying notices or links to notices to you generally on the Site.
21. GENERAL INFORMATION The TOU constitutes the entire agreement between you and RentalPlaces and governs your use of the Distribution Services, superseding any prior agreements between you and RentalPlaces. You also may be subject to additional terms and conditions that may apply when you use other RentalPlaces services, third-party content or third-party software. The TOU and the relationship between you and RentalPlaces shall be governed by the laws of the State of South Carolina without regard to its conflict of law provisions. The failure of RentalPlaces to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect. You and RentalPlaces are independent entities, and no partnership, agency, joint venture, employee-employer or franchise relationship is intended or created by this Agreement.