Terms and Conditions
Rentals Your Way®
Rentals Your Way User Agreement
Rentals Your Way.COM, Inc
Terms and Conditions of Use
IMPORTANT:
Welcome to Rentals Your Way.com! By using or accessing Rentals Your Way.com (the “Site”), you acknowledge that you agree to and are subject to the following terms and conditions (the “Terms”). 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 Rentals Your Way.COM, Inc. (“Rentals Your Way”, “we”, “us” or “our”).
1. The Site Is A Venue
Rentals Your Way.com IS ONLY A VENUE. The Website acts as an online marketplace for you to find and transact with other users, Members, buyers, renters, or clients (the “Users”) showing products or services on the Service or otherwise associated with the Service. Rentals Your Way.com is not a broker, lender or seller. Rentals Your Way.com is not a party to any agreement you may make with regard to any product. Any information you provide to Users in connection with your application remains with that party.
2. Personal Use.
1. Although we do charge a fee to members to advertise their vacation rental
properties on the Site, we do not charge travelers 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 members
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.
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 “© 2001 — 2007 Rentals Your Way.COM, Inc. - All Rights Reserved” as
displayed on the relevant portion(s) of the Site that you desire to download,
display or print.
4. Unauthorized Use.
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 members;
- Use the Site to make any false, fraudulent or speculative reservation, 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;
- 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
* 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 legal@Rentals Your Way.com.
5. Changes to Site.
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.
6. Your E-mail Address and Our Privacy Policy.
1. When you use the site to send an inquiry to a member, you agree to allow the Site and its affiliated websites to add your e-mail address to our database of users. You may receive one or more promotional e-mails from either the Site or its affiliated websites. You are welcome to opt not to receive such promotional e-mails from the Site or its affiliates websites at any time by sending an e-mail to webmaster@Rentals Your Way.com. Please review our Privacy Policy for more information regarding our information collection practices and safeguards. Your use of the Site signifies your acknowledgement of and agreement with our Privacy Policy.
7. Data Transmittal
1. Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States.
8. Identity Verification.
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 traveler or member through the tools available on the Site.
9. Limitations of Use of Other User’s Information; No Spam.
1. You agree that, with respect to other users’ personal
information that you obtain through the Site or through any Site-related
communication or any Site-facilitated transaction, we have granted to you
a license to use such information only for: (a) any Site-related communications
that are not unsolicited commercial messages, (b) using services offered
through the Site, (c) facilitating a financial transaction between you
and the other user (such as an on-line booking or charging a personal credit
card) and (d) any other purpose that a user expressly agrees to after you
tell them the purpose you would like to use it for. In all cases, you must
give users an opportunity to remove themselves from your address book or
database and a chance to review what information you have collected about
them. In addition, under no circumstances, except as defined in this provision,
can you disclose personal information about another user to any third party
without both our consent and the consent of the other user. You agree that
other users may use your personal information to communicate with you in
accordance with this provision. Further, you agree that you will protect
other users’ personal information with the
same degree of care that you protect your own confidential information,
and you assume all liability for the misuse, loss, or unauthorized transfer
of such information.
2. We do not tolerate spam. Therefore, without limiting the foregoing,
you are not licensed to add a Site user, even a user who has rented a
vacation property from you or to you, to your mailing list (email or
physical mail) without the user’s express consent.
10. Use of Email Tools.
1. You may not use the "Email This Item to a Friend" service or other email services that we may offer to send spam or otherwise send content that would violate these Terms. We do not permanently store email messages or the email addresses sent from these tools. If you send email using the "Email This Item to a Friend" service to an email address that is not registered in our community, we do not use that email address for any purpose other than to send your email. We do not rent or sell these email addresses.
11. Accuracy.
1. We do not and cannot review all content posted to the Site by members, or by other users or travelers 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 members, travelers or other users. 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. If you are a member, by accepting these Terms and paying to list on the Site, you agree to indemnify and hold the Site and any member of the Rentals Your Way Group (as defined below) harmless against all costs, expenses and losses arising out of a claim relating to the content of your advertisement. 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. 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.
12. Limitation of Liability.
1. IN NO EVENT WILL THE SITE, Rentals Your Way.COM, INC., OUR PARENT (HomeAway, Inc.),
SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND/OR EMPLOYEES (COLLECTIVELY,
THE “Rentals Your Way 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 Rentals Your Way 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.
13. Disclaimer.
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.
1. 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.
14. Release.
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 Rentals Your Way 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.”
15. Indemnity.
1. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE SITE AND ANY MEMBER OF THE Rentals Your Way 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.
16. Choice of Law and Forum.
1. ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMABLE AND/OR SOLD IN THE STATE OF TEXAS, 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 TRAVIS COUNTY, TEXAS 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 TEXAS.
17. Notification of Claims of Infringement.
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@Rentals Your Way.com or Rentals Your Way.COM, Inc. 3801 S. Capital of Texas Highway, Suite 150, Austin, TX 78704 USA. 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).
18. No Agency.
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
19. Notices.
1. Except as explicitly stated otherwise, any notices shall be given (in the case of you contacting us) by email to legal@Rentals Your Way.com or by postal mail to:
Rentals Your Way.COM, Inc.
Attn: General Manager
3801 Capital of Texas Highway, Suite 150
Austin, Texas 78704
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.
20. Amendments.
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.
21. Links to Third-Party Sites.
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.
22. Your Record of These Terms.
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.
23. Miscellaneous.
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
24. Member Eligibility; Accuracy of Information.
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.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 sending an email to webmaster@Rentals Your Way.com regarding any updates to any such contact information previously submitted by member to the Site.
25. Content, Layout and Copy.
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.
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.
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.
26. Photographs.
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.
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.
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 Rentals Your Way Group from any cause of action arising from any
misrepresentation with respect to any and all the photographs so submitted.
27. Copyright Grant.
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, Rentals Your Way.COM, Inc. 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 usâ€â€at
our expense and controlâ€â€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 Rentals Your Way 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.
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.
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.
28. Hypertext Links.
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.
29. Guest Books/Property Reviews.
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.
30. Substitution of Properties.
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.
31. Advertising More than One Property on One Advertisement.
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.
32. Unauthorized Payment Methods
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.
33. Termination of Listing
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.
2. To request a refund, please send your request to support@Rentals Your Way.com and
include your listing number, and your reason for dissatisfaction.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
34. Transfer of Listing.
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.
35. Payment.
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.
Rentals Your Way® is Vacation Rentals by Owner® - Premiere Vacation Properties
Specializing in BY OWNER vacation rentals, homes, condos, cabins, villas
and apartments. ALSO privately owned properties offered thru rental agencies
and management companies.
To report any problems with this site, please contact webmaster@Rentals Your Way.com
URL: http://www.Rentals Your Way.com/global/termsandconditions.htm
©Copyright 1995-2008 by Rentals Your Way.com, Inc., All rights reserved. Use of this
website constitutes acceptance of the Rentals Your Way Terms and Conditions and Privacy
Policy.
"Rentals Your Way", "Vacation Rentals by Owner", & "Carpe
Vacationum-'Seize the Vacation'" Reg. U.S. Pat. & TM Off