TERMS OF USE AGREEMENT
Welcome to SUNNY NAPLES RENTALS. This Terms of Use Agreement sets forth the standards of use for our website, SUNNY NAPLES RENTALS.com. Our website is referred to herein as “SNR” or “We”. The term “You” refers to the user or member of this website. By using or accessing this website you agree to be bound by these terms and conditions herein. If you do not agree to the terms and conditions of this agreement, you should immediately discontinue use of our website. If there are any violations of this “Terms of Use” agreement, SNR reserves the right to cancel your account and remove any listing and/or material without notice or refund to you.
We reserve the right to modify, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on SUNNY NAPLES RENTALS.com website.
Date: June 2008
1. Disputes
SNR does not get involved in disputes between property owners, renters or any third parties using our website. If a dispute develops between owners, renters, or third parties of our website (Sunny Naples Rentals.com), you hereby release and hold harmless SNR from claims, demands and damages (actual or consequential) connected in any way to such disputes.
2. Account Information
a. You agree to provide true, accurate and complete information to SNR when you use or access our website. If SNR determines that any of the information you supplied is false or misleading we will immediately terminate your account and remove your listing from our web site. You are responsible for any and all information and/or transactions under your account. Your ID and password are your link to your account and must be kept confidential at all times.
b. Once your listing is posted online you are not entitled to a refund or any portion of a refund. Your listing will remain active until the expiration date and at that point you will have the option to renew your listing. One listing is defined as a single residential unit. Second listings under your account are $25.00 per year.
c. Any material, photographs or text you send to our website, you grant Sunny Naples Rentals an irrevocable royalty free license for any such material to display on our website. This material includes logos, photographs and text information. You agree that you have the legal right to distribute this material and you are not violating any copyright or trademark laws. You agree that any information supplied by you to SNR is non-confidential and becomes the property of SNR, and we have the right to publish this information, material and/or photographs on our website.
d. You expressly agree that when you use or access our website site it is for personal use only and is not for commercial use.
e. Information we receive from our members is for business operations and administration. We do not supply or display personal information to potential renters or third parties.
3. Modifications and Interruption to Service
You expressly agree and acknowledge that SNR does not guarantee that our service will be continuous, error free or uninterrupted. Operation of our website may be affected by acts of god or circumstances beyond our control.
4. Third-Party Sites
SNR website may have links to third party websites. Member or user of our website acknowledges and understands that we are not responsible or liable for the content located on any third-party websites. Your use of those third-party sites is at your sole risk. You should always investigate these websites to determine if their content is suitable to you.
5. Disclaimer of Warranties
This website is provided by SUNNY NAPLES RENTALS (SNR) “as is” and “as available” without warranty of any kind. SNR makes no representations or warranties, express or implied when you use or access Sunny Naples Rentals.com website or access third party sites through our website. There is no warranty as to the materials contained on our site or the accuracy or truthfulness of the information contained herein. We do not warranty the websites reliability or that it will be free from computer viruses or harmful content. SNR shall have no liability for any interruptions of service for any reason whatsoever and disclaims all warranties with regard to the information provided on SNR, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
6. Forbidden Activities
a. You agree not to interfere with the operation of our website or interfere with other users of the site;
b. You agree not to reverse engineer this website or attempt to copy the software;
c. You agree not to misrepresent you identity or information you supply to our website;
d. You agree not to up-load any damaging software or harmful content to our website;
e. You agree not to violate any state, federal or international laws when using or accessing our site.
f. You agree not to upload pornographic material of any kind to our website or any type of link to a pornographic website.
7. Limitation of Liability
a. YOU AGREE THAT WHEN YOU ACCESS SUNNY NAPLES RENTALS.COM YOU DO SO AT YOUR SOLE RISK. SUNNY NAPLES RENTALS.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, SUNNY NAPLES RENTALS SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS OR LOSS OF DATA, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF THE USE OR INABILITY TO ACCESS SUNNY NAPLES RENTALS.COM, EVEN IF SUNNY NAPLES RENTALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUNNY NAPLES RENTALS MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED BY USING OUR WEBSITE.
b. SUNNY NAPLES RENTALS DOES NOT WARRANT THAT THIS WEBSITE OR COMPUTER SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. SNR DOES NOT WARRANT THAT ANY DEFECTS IN OUR WEB SITE, COMPUTER SOFTWARE, MATERIALS, OR SERVICES WILL BE CORRECTED.
c. SUNNY NAPLES RENTALS DOES NOT WARRANT THAT THE INFORMATION OR CONTENT SUPPLIED BY OWNERS, RENTERS OR THIRD PARTIES, WILL BE REPRESENTED TRUTHFULLY OR ACCURATELY.
d. IF YOU DO NOT AGREE WITH ANY PORTION OF THIS TERMS OF USE AGREEMENT OR OUR POLICIES YOUR IMMEDIATELY REMEDY IS TO DISCONTINUE ALL USE OF OUR SERVICES.
e. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
8. Indemnification
Member’s or user of this website agrees to indemnify and hold harmless SUNNY NAPLES RENTALS, its affiliates, officers, agents, and employees, from any claim, demand, or cause of action, including attorneys’ fees and costs, damages or expense made by any third party due to using or accessing our website, the violation of this Agreement, or infringement by Member, or other user of our website, using Member’s computer, of any intellectual property or any other right of any person or entity.
9. Disclaimer Regarding Accuracy of Information
SNR makes no representations or warranties as to the reliability, accuracy or truthfulness of any information provided on or through our website by renters/owners or any third parties. It is the owners/renters or third parties who are responsible to validate and confirm any and all information provided on our site. We do not warrant that the rental property will meet your needs or expectations or that it is of the quality stated by the owner or property manager.
10. Fraud
If you suspect you are a victim of fraud or need more information go to www.fraud.org. You can report any suspicious activity on an online complaint form .
11. Courts Jurisdiction
Our website is operated under the laws of the State of Illinois. Illinois laws will govern this Terms of Use Statement. If a disputes arising out of using this website you expressly agree and consent to the internal laws of the State of Illinois and the venue of courts located in Dupage County, Illinois.
12. Compliance with Laws
User is responsible for compliance with any and all laws pertaining to this website. User may not use our website, SUNNY NAPLES RENTALS in any way that is unlawful or violates any state, federal, or international laws. Member further agrees not to transmit any material that is offensive, illegal, and pornographic or material that could give rise to civil liability.
13. Fees
SUNNY NAPLES RENTALS.com reserves the right to change or modify our rates/fees we charge for our service. We currently are providing our service FREE for six months. After the free trial period, our fees will be $59.00 per year for the first listing. A second listing is $25.00 per year. We offer this free six month trial period one time per customer. After you use you free trial period, you are not entitled to another free trial period. We reserve the right to change our fees at anytime. This would only apply when you renew your listing (s).
14. Legal Proceedings
You expressly agree that if a legal dispute arises out of the use of our website, that this “Terms of Use Agreement” can be entered in court as a binding contract between the user of our website and SUNNY NAPLES RENTALS. If any part of this “Terms of Use Agreement” is unlawful, then the unlawful portion will be deemed unenforceable and the remaining portion of this agreement will remain in effect.
15. Copyrights and Trademark Information
All material and content available on this website, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 SUNNY NAPLES RENTALS Any use of materials in any form must have prior written permission from the copyright agent of SUNNY NAPLES RENTALS.
16. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Please forward to SUNNY NAPLES RENTALS notifications of claimed copyright infringement to our copyright agent listed below.
If you believe a copyright infringement has occurred please send the following information to our Copyright Agent, SUNNY NAPLES RENTALS:
a. Provide the location of the alleged copyright material that you believe is a copyright infringement.
b. Provide SNR with the contact information (name, address, telephone number and email address) of the copyright holder or his agent.
c. Provide a signed and sworn statement, made under oath by the holder of the copyright or by his agent who can act of his behalf as to the facts of the copyright infringement.
SUNNY NAPLES RENTALS
Copyright Agent
1016 Buckingham Drive
Naperville, Illinois 60563
By Email: legal@sunnynaplesrentals.com
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