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Terms and Conditions of Service and Use
RentBeachProperty.com provides this Web site and the services
offered on it (collectively, the "Services") under the
following terms and conditions of service and use (the "Terms").
Please read them carefully. You understand and acknowledge that
the Services are provided to you exclusively under these Terms.
By accessing and using the Services, you agree that you have read
and understand the Terms and that you agree to be bound by them,
without limitation or qualification. As used on this Web site,
the terms "we", "us", or "our" refer
to RentBeachProperty.com and its owners.
- MODIFICATIONS TO THE TERMS
RentBeachProperty.com may change the Terms from time to time. We will
notify you of any such changes via e-mail and/or by posting
the changes on the RentBeachProperty.com home page. If you object to
any such changes, your sole recourse shall be to cease using
the Services. Continued use of the Services following notice
of any such changes shall indicate your acknowledgement of such
changes and agreement to be bound by the terms and conditions
of such changes, without limitation or qualification.
- MODIFICATIONS TO THE SERVICES
We reserve the right to modify or discontinue (temporarily or
permanently) the Services (or any part thereof) with or without
notice to you. We shall not be liable to you or any third party
if we exercise our right to modify or discontinue the Services.
If you object to any such changes, your sole recourse shall
be to cease using the Services. Continued use of the Services
following notice of any such changes shall indicate your acknowledgement
of such changes and satisfaction with the Services as so modified.
- PRIVACY
As part of the registration process, you will be asked to provide
certain personal information to us. All uses of your personal
information will be in accordance with the provisions of our
Privacy Policy.
- YOUR ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your
username and password, and you are solely responsible for all
activities that occur under your username and password. We recommend
that you memorize this information, and not write it down. You
agree to immediately notify us of any unauthorized use of your
username and password or any other breach of security related
to the Services. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS
OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD
YOUR USERNAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS
SECTION.
- 5. YOUR RESPONSIBILITIES
In providing us with information during the registration process,
you agree to provide true, accurate, current and complete information
as prompted and to maintain and update such information to keep
it true, accurate, current and complete at all times. If any
information you provide is untrue, inaccurate, not current or
incomplete, or if we reasonably believe so, we may suspend or
terminate your access to and use of the Services, and refuse
to provide any current or future Services to you.
You acknowledge that you are over 18 years of age. You are responsible
for obtaining and maintaining all telephone, computer hardware
and other equipment needed for access to and use of the Services
and all charges related thereto. You are solely responsible
for all acts or omissions that occur under your account or password,
including for all Content (as defined below) that you (or anyone
using your account) submit, post or transmit through the Services.
You agree not to use the Services to do any of the following:
- violate any local, state, national or international law;
- utilize the Services for purposes other than those described
on the RentBeachProperty.com website (including but not limited to:
avoiding long distance calling charges or messaging unrelated
to the service as described on the RentBeachProperty.com website);
- stalk, harass or harm another individual;
- collect or store personal data about other users;
- impersonate any person or entity, or otherwise misrepresent
your affiliation with a person or entity;
- interfere with or disrupt the Services or servers or networks
connected to the RentBeachProperty.com Web site or the other Services,
or disobey any requirements, procedures, policies or regulations
of networks connected to the RentBeachProperty.com System; and
- submit, post, store or transmit any (a) Content that is
unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, racist, sexist, homophobic, or ethnically
or otherwise objectionable; (b) Content that you do not
have a right to transmit under any law or under contractual
or fiduciary relationships; (c) Content that infringes the
intellectual property rights of a third party; or (d) 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.
- 6. THIRD PARTY CONTENT AND MONITORING
We are a distributor (and not a publisher) of Content supplied
by third parties and users of the Services. Accordingly, we
have no editorial control over such Content. Any opinions, advice,
statements, services, offers, or other information or Content
expressed or made available by third parties, including information
provided by other users of the Services, are those of the respective
author(s) or distributor(s) of that information and not of RentBeachProperty.com.
We neither endorse nor are responsible for the accuracy or reliability
of any opinion, advice, information, or statement made on the
RentBeachProperty.com Web site or utilizing the Services by anyone other
than authorized RentBeachProperty.com spokespersons while acting in their
official capacities. We have the right, but not the obligation,
to monitor and review the Content on the RentBeachProperty.com Web site
and provided through use of the Services and your account to
determine compliance with these Terms and any other operating
rules established by us, to satisfy any law, regulation or authorized
government request, or for other purposes. You understand and
acknowledge that we do not pre-screen or monitor Content for
accuracy or reliability, but that we and our designees shall
have the right (but not the obligation) in our sole discretion
to remove any Content from the Services, without liability to
you for any reason. Without limiting the foregoing, we and our
designees shall have the right to remove any Content that violates
the Terms, that we believe may create liability for us, or that
we deem otherwise objectionable.
- DEALINGS WITH PARTNERS AND ADVERTISERS
Your correspondence or business dealings with, participation
in promotions of, or purchase of goods and/or services from
our partners, advertisers or sponsors found on or through the
Services, and any terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
partner(s), advertiser(s) or sponsor(s). YOU AGREE THAT RentBeachProperty.com
SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF
ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS
THE RESULT OF THE PRESENCE OF SUCH PARTNERS, ADVERTISERS OR
SPONSORS ON OR THROUGH THE SERVICES.
By publishing and activating your classified ad on RentBeachProperty.com
you agree to allow RentBeachProperty.com to distribute or recreate your
ad, including uploaded photos, for the promotion of our services
or any other print or online marketing and advertising.
- EXTERNAL LINKS
Our provision of a link to any other Web site or location is
for your convenience and does not signify our endorsement of
such other Web site or location or its contents. Any concerns
you may have regarding any external link should be directed
to that link's Web site administrator or webmaster. RentBeachProperty.com
SHALL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS
FOUND AT ANY OTHER WEB SITE, INTERNET LOCATION, OR SOURCE OF
INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.
- NO SPAM
We do not condone or allow spam. We prohibit you from using
the Services to promote your own Web site or any business, product
or service through the sending of unsolicited email or voicemail
messages. We reserve the right to investigate and terminate
your rights under this Agreement.
- USE AND STORAGE
You acknowledge and agree that we may establish general practices
and limits concerning use of the Services, including, without
limitation, the maximum number of days that information, data,
account history or other uploaded Content will be retained by
the Services and the maximum number of times (and the maximum
duration for which) you may access the Services in a given period
of time.
- NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the Services,
use of the Services or access to the Services. The Services
are provided for your personal, noncommercial use only.
- TERMINATION
You agree that we, in our sole discretion, may terminate your
password, account (or any part thereof) or access to and use
of the Services, and remove and discard any information posted
by you on or through the Services, for any reason or no reason,
with or without notice and effective immediately, including,
without limitation, if we believe that you have violated or
acted inconsistently with the letter or spirit of the Terms.
You acknowledge and agree that we may immediately deactivate
or delete your account and all related information and files
in your account and/or bar any further access to such files
or the Services. You agree that we may terminate your account
if it remains inactive for an extended period of time. FURTHER,
YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. You may
discontinue your participation in and access to the Services
at any time.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE
RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT
WITH RESPECT TO THE SERVICES.
WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS,
OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (C) THE ACCURACY,
RELIABILITY OR QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES
OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR
EXPECTATIONS; (D) DEFECTS IN THE SERVICES WILL BE CORRECTED;
OR (E) THE RentBeachProperty.com WEB SITE OR THE SERVER THAT MAKES IT
AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S)
OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND/OR INFORMATION.
WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR
SERVICES OFFERED BY THIRD PARTIES, AND WE MAKE NO WARRANTY REGARDING
ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES
OR ANY TRANSACTIONS ENTERED INTO THROUGH OR AS THE RESULT OF
THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM RentBeachProperty.com OR THROUGH OR FROM THE SERVICES SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT
PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL OWNERS OR ITS
OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES,
AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE
ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES), ARISING OUT OF OR IN ANY WAY RELATED TO:
- the use or the inability to use the Services;
- the cost of procurement of substitute goods and services
resulting from any goods, data, information or services
purchased or obtained or transactions entered into through
or from the Services;
- unauthorized access to or alteration of your transmissions
or data;
- your failure to adequately safeguard your password or
access to the Services;
- statements or conduct of any third party on or through
the Services, including threatening, defamatory, obscene,
offensive or illegal conduct or any infringement of another's
rights, including intellectual property rights;
- any Content you access through the services, including,
but not limited to, for any errors or omissions in any Content,
or your use of or reliance on any Content posted, emailed
or otherwise transmitted through the Services;
- termination of your access to or use of the Services as
provided herein;
- any modification, suspension or discontinuance of the
Services (or any part thereof) or these terms;
- the deletion or failure to store any information or data,
communications or Content maintained or transmitted by or
through the Services;
- use of or reliance on any Content, goods or services available
on any other Web sites that you access through the Services;
and
- o any other matter relating to the Services or these
Terms.
- EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties
or the limitation or exclusion of liability for incidental or
consequential damages. Accordingly, some of the above limitations
and disclaimers may not apply to you. To the extent that we
may not, as a matter of applicable law, disclaim any implied
warranty or limit its liabilities, the scope and duration of
such warranty and the extent of our liability shall be the minimum
permitted under such applicable law.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless RentBeachProperty.com,
its parents, subsidiaries, affiliates, officers, directors,
co-branders or other partners, employees, consultants and agents
from and against any and all third-party claims, liabilities,
damages, losses, costs, expenses, fees (including reasonable
attorneys' fees) that such parties may incur as a result of
or arising from (1) any information or Content (as defined below)
that you (or anyone using your account) submits, posts or transmits
through the Services, (2) your (or anyone using your account's)
use of the Services, (3) your (or anyone using your account's)
violation of these Terms, (4) your (or anyone using your account's)
violation of any rights of any other person or entity or (5)
any viruses, trojan horses, worms, time bombs, cancel bots or
other similar harmful or deleterious programming routines input
by you into the RentBeachProperty.com Web site or other Services.
- TRADEMARKS
Certain of the names, logos, and other materials displayed on
the RentBeachProperty.com Web site and in and through the Services System
constitute trademarks, trade names, service marks or logos ("Marks")
of RentBeachProperty.com or other entities. You are not authorized to
use any such Marks. Ownership of all such Marks and the goodwill
associated therewith remains with us or those other entities.
- COPYRIGHTS; RESTRICTIONS ON USE
The content of the Services, including without limitation, text,
software, music, sound, photos, graphics, video, page layout
and design and other material contained in the Services or information
presented through the Services by RentBeachProperty.com or its licensors
(the "Content"), is copyrighted by RentBeachProperty.com and/or
its licensors under United States and international copyright
laws, is subject to other intellectual property and proprietary
rights and laws, including trademark and patent laws, and is
owned by RentBeachProperty.com or its licensors. The Content may not
be copied, modified, reproduced, republished, uploaded, posted,
transmitted, sold, offered for sale, or redistributed in any
way without the prior written permission of RentBeachProperty.com and
our applicable licensors. You must abide by all copyright notices,
information, or restrictions contained in or attached to any
Content.
- LICENSE
You hereby grant to RentBeachProperty.com and its successors and assigns,
a worldwide, perpetual, irrevocable, royalty-free, sublicenseable
right, in any media now known or currently known, to exercise
all copyright and other intellectual property rights with respect
the Content you provide to us to be published on the RentBeachProperty.com
Web site or on or through the Services or otherwise through
the Services, to use, distribute, display, reproduce, modify
and create derivative works from such material, in any and all
media, in any manner, in whole or in part, without any duty
to account to you. The foregoing does not apply to Content contained
on hyper linked pages or any other Content you do not submit
to us.
- MISCELLANEOUS
The Terms constitute the entire and exclusive and final statement
of the agreement between you and RentBeachProperty.com with respect to
the subject matter hereof, and govern your use of the Services,
superseding any prior agreements or negotiations between you
and RentBeachProperty.com with respect to the subject matter hereof.
The Terms and the relationship between you and RentBeachProperty.com
shall be governed by the laws of the State of Delaware. All
lawsuits arising out of the Terms or out of your use of the
Services shall be brought in the Federal or state courts having
jurisdiction over New Castle County, Delaware and you and Owners
hereby irrevocably submit to the exclusive personal jurisdiction
of such courts for such purpose. Our failure to exercise or
enforce any right or provision of the Terms shall not constitute
a waiver of such right or provision. If any provision of the
Terms 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 that the other provisions of the Terms 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 Terms must be
filed within one (1) year after such claim or cause of action
arose or be forever barred. The section titles in the Terms
are for convenience only and have no legal or contractual effect.
- SURVIVAL
The provisions of Sections 4, 6, 7, 8, and 10 through 19, as
well as any other limitations on liability explicitly set forth
herein shall survive the expiration or earlier termination of
the Terms for any reason. RentBeachProperty.com's (and its licensors')
proprietary rights (including any and all intellectual property
rights) in and to the Content and the Services shall survive
the expiration or earlier termination of the Terms for any reason.
- VIOLATIONS
Please report any violations of the Terms to info@RentBeachProperty.com
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