Terms Of Use
Florida Vacation Rentals TERMS OF SERVICE Florida Vacation Rentals
Welcome to FloridaVacation.Rentals (our/this/the “Service”, FVR). By indicating your acceptance of the following terms of service agreement (“Agreement”), you agree to be bound by and comply with its terms. Accordingly, you are advised to thoroughly review this Agreement and contact us if you have any questions regarding the same. If you do not wish to comply with the terms of this Agreement, you should neither indicate your acceptance of it nor use this Service. To accept this Agreement and use this Service, you must be of legal age in your applicable state or other jurisdiction to form and perform binding legal contracts. Under no circumstances is any individual under eighteen (18) years of age permitted to use this Service.
We may revise and update this Agreement from time to time. If you are a registered user, we will attempt to inform you of any material changes by a notification sent to the email address you provided as part of your registration information.
OBLIGATIONS OF FVR, OWNERS, AND RENTERS
What We Do: Through the Service, FVR provides a platform for vacation rental property owners or managers (“Owners”) to advertise their vacation rental properties to potential renters, and for potential renters (“Renters”) to find a suitable vacation rental property.
What We Don’t Do: FVR does not actively participate in any transactions between Owners and Renters. FVR does not verify or guarantee the truth or accuracy of any information posted by any Owner concerning the existence, availability, authenticity, quality, or sufficiency of any property listed on the Service. FVR does not and cannot guarantee that transactions entered into between Owners and Renters will be completed. FVR does not own or manage any property advertised on the Service, is not the agent of any Owner or Renter for any purpose, and is not a party to any agreement between any Owner and any Renter. FVR does not, and is under no obligation to, review, screen, or investigate the background of any Owner or Renter.
Obligations of Owners and Renters
Dealings between Owners and Renters, and any other terms, conditions, representations, or warranties associated with such dealings, are between such Owners and Renters exclusively and do not involve FVR. It is the sole responsibility of each Owner and Renter to make whatever investigation and take whatever precautions they may deem necessary or appropriate before interactions and transactions with other Owners or Renters, whether online or in person. You avail of this Service at your own risk.
As an Owner, it is your obligation to truthfully and accurately describe all properties you advertise through the Service and complete all transactions, and fulfill all associated obligations. You agree and acknowledge that your failure to fulfill such obligations may subject you to legal action by a Renter, and the suspension or termination of your access to the Service.
Owners and Renters are solely responsible for complying with all applicable laws and regulations regarding their use of the Service and any transactions they may enter into, including but not limited to laws and regulations in connection with the collecting, reporting, and payment of taxes, zoning and permitting, safety, accessibility, discrimination, and fair housing.
REGISTRATION, SUBSCRIPTIONS
To register to use the Service, you will be required to provide information including your name, email address, and telephone number. By registering, you represent and warrant that you satisfy the eligibility requirements, and you have the right, authority, and capacity to enter into and perform your obligations under this Agreement.
You are solely responsible for maintaining the security and confidentiality of the username and password you have selected during the registration process, and for any and all activity on your account. In no event will FVR, its officers, directors, employees, agents, or affiliates, be liable for any activity which may occur on your account. You agree to notify FVR immediately if you suspect any unauthorized use of or access to your account.
Current subscription fees are as set forth on the FVR website. You may cancel your subscription or any advertisement at any time. Please note that subscription fees are billed annually in advance on a per advertisement basis, and FVR will not refund the unused portion of any subscription fee.
LICENSE TO USE
FVR grants you a non-exclusive, limited, revocable license to use the Service in accordance with the terms of this Agreement. Any use, or attempt to use, the Service except for the purposes clearly set forth on the Service, is strictly and expressly prohibited.
You will not use the Service in any manner or for any purpose that violates any applicable law or regulation, or any terms of this Agreement. You will not (i) access or attempt to access any account that you are not authorized to access, (ii) modify or attempt to modify the Service in any manner or form, (iii) copy, distribute, or create derivative works based on the FVR Content (as defined below), (iv) impair the Service or any other person’s use or enjoyment of the Service, including but not limited to, by trespass or burdening network capacity, or (v) sublicense, sell, resell, or otherwise convey the Service, the FVR Content, or any elements thereof.
ACCEPTABLE CONTENT POLICY
We may, but are not obligated to, review, revise, and remove any advertisement, or the content of any advertisement, at our discretion. In particular, we reserve the right to remove or revise any advertisement which includes Owner Content (as defined below) that we in our sole discretion deem unacceptable, including but not limited to Owner Content which (i) is obscene, offensive, illegal, or pornographic, (ii) is defamatory, (iii) violates the rights, including copyright rights, of any third party, or (iv) includes unauthorized email addresses, telephone numbers, or links to third-party websites or services.
PROPRIETARY RIGHTS
FVR Content
The Service and all elements thereof (the “FVR Content”) are owned by FVR and may be protected by copyright, trademark, patent, trade secret, and/or other laws. FVR owns and retains all rights, including the worldwide copyright, of all elements of the Service solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe.
FLORIDAVACATION.RENTALS and the FVR logo are trademarks or registered trademarks of FVR. All other trademarks or registered trademarks used on FVR are the property of their respective holders. The use of company names, product names and logos, or images on the Service does not necessarily constitute an endorsement of the named company or products by FVR.
Owner Content
FVR claims no ownership of any rights, including copyrights, to any content Owners post to or through the Service in connection with advertisements of rental properties, including but not limited to photographs, images, videos, and text (“Owner Content”). To the extent that you own the rights to Owner Content, you retain those rights. You represent and warrant that you own or otherwise control all of the rights, including copyrights, to such Owner Content, and that the use and display of the Owner Content on the Service by FVR will not infringe upon or violate the rights, including copyrights, of any third party.
By posting Owner Content to the Service, you grant FVR and its affiliates a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, publicly perform and/or display in any format or medium the Owner Content on and through the Service. This license includes the right of FVR to sublicense the rights you grant to us to third parties, including but not limited to affiliates, whom we have contracted or engaged to market and promote the Service.
COPYRIGHT POLICY
FVR does not condone the unauthorized reproduction or distribution of copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement, or are aware of any infringing material available through the Service, please provide us with a written notice that includes the following information:
1) Your name, address, telephone number, and email address.
2) A description of the copyrighted work that you claim has been infringed.
3) The URL(s) or a description of where on the Service the material you claim is in infringement is located.
4) A written statement by you that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
5) A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
6) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Send your notice to our agent for notices of claimed copyright infringement as follows:
Email: support@floridavacation.rentals
PRIVACY
Privacy is as important to us as it is to you. To learn about how we protect your privacy, please refer to the FVR Privacy Policy, which is incorporated herein by reference.
DISCLAIMER OF WARRANTIES
THE SERVICE, INCLUDING ALL CONTENT AND INFORMATION MADE AVAILABLE THROUGH THE SERVICE, IS PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, FVR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE OR ANY CONTENT OR INFORMATION MADE AVAILABLE THROUGH THE SERVICE. FVR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTY ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE.
FVR DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR.
FVR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION DISPLAYED ON THE SERVICE WILL BE AS REPRESENTED BY OWNERS, AVAILABLE FOR RENTAL, LAWFUL TO RENT, SAFE TO RENT, OR THAT OWNER OR RENTERS WILL PERFORM AS PROMISED.
FVR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF FVR. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FVR DISCLAIMS ANY AND ALL SUCH WARRANTIES.
LIMITATION OF LIABILITY
IN NO EVENT WILL FVR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THIS AGREEMENT, ANY BREACH OF THE TERMS OF THIS AGREEMENT BY ANY THIRD PARTY, ANY OWNER CONTENT, DEATH OR BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, AND/OR ANY OTHER DAMAGES RESULTING FROM ANY ACTUAL OR ATTEMPTED TRANSACTION BETWEEN OWNERS AND RENTERS, OR THE INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE FVR IS NOT INVOLVED IN TRANSACTIONS BETWEEN OWNERS AND RENTERS, IF A DISPUTE ARISES BETWEEN AN OWNER AND RENTER, THE OWNER AND RENTER EACH RELEASE FVR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ALL 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.
YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US FOR ANY DISPUTE OR CLAIM WITH OR AGAINST US OR ANOTHER USER OF THE SERVICE WITH RESPECT TO THESE TERMS OR THE SERVICE IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, FVR’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO FVR IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless FVR, its officers, directors, employees, and agents from and against any and all claims, losses, costs, liabilities, damages, judgments, penalties, interest, and expenses (including reasonable attorneys’ fees) in connection with any Claim that arises out of or relates to (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, (ii) any transaction entered into by you as an Owner or Renter, (iii) any actual or alleged infringement of any intellectual property or proprietary rights of any third party, or (iv) any inaccurate or untruthful information provided by you or made available through the Service. “Claim” means any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity.
TERMINATION
FVR may, at its sole discretion, terminate this Agreement, your Service subscription, or any property advertisement for any reason whatsoever and without notice. Your license of rights to FVR, and the Disclaimer of Warranties, Limitation of Liability, Indemnification, and General Conditions sections of this Agreement shall survive such termination.
GENERAL CONDITIONS
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between you and us, and governs your use of the Service, superseding any prior agreements. This Agreement shall be governed by and construed in accordance with the laws of Wyoming without regard to the conflict of laws principles thereof. If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
QUESTIONS?
If you have any questions or concerns about this Agreement, FVR, or the Service, please contact us, we’d love to hear from you.
Email: support@floridavacation.rentals