For the purpose of this Terms of Service the following definitions apply: Terms of Service is referred to as the Agreement. OurTownRentals.com is referred to as the Company. The website and all content located at the domain name ourtownrentals.com and all related sub-domains and portal websites registered by the Company and connected into ourtownrentals.com are referred to as The Site. A person who registers to place listings is referred to as an Owners/Manager Members. Vacationers who register are referred to as Vacationer Members. Persons who use the Website without registering are referred to as Guests.
By using this Website, you are agreeing to abide by the terms of service below. These rules and guidelines have been created to protect all users and ensure that the Site works for all. If you encounter an Owner/manager, Vacationer Member or Guest who fails to abide by these rules in any manner, please contact us immediately. By agreeing to these terms, you are entrusted to abide by the provisions of these TOS and take personal responsibility for your own actions.
1.1. Under these Terms of Service,the Site is a fee-based, classified listing service for Owners/Manager Members and this Site is provided free of charge to Guests and Vacationer Members. In order to place a listing, Owners/Manager Members are required to register and to accept these Terms of Service. If you use the Site as a Guest, these Terms of Service will govern your use of the Site. In order to receive additional services as a Vacationer Member, you register as a member of the Site and these Terms of Service will govern your use of the Site. By signing on to the Site as a Guest and/or completing the registration process and selecting the "log in" option, you are indicating your agreement to be bound by these terms of service as such terms may be modified from time to time and as such terms apply to your membership either as a "vacationer member" or an owner/manager member.
1.2. We do not own or manage, nor can we contract for, any vacation rental property listed on the Site. Instead, the Site acts as a venue to allow homeowners and property managers who advertise on our Site. Owners/Managers members offer for rent in a variety of pricing formats, a specific vacation rental property to potential renters Vacationer Members and Guests. We are not involved in any transaction between Vacationer Members and Guest and Owner/Manager Members. As a result, any part of an actual or potential transaction between a Vacationer Member or Vacationer Guest and an Owner/Manager Member, including the quality, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property or guest book review), the ability of members to rent a vacation property or the ability of travelers to pay for vacation rental properties are solely the responsibility of each user.
1.3. We are also not responsible for the condition of the vacation rental properties listed on our Site or the compliance with laws, rules or regulations that may be applicable to any vacation rental property in any jurisdiction.
1.4. Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site all in accordance with these Terms. Any use of the Site that is not in accordance with these Terms or as otherwise authorized by us in writing is expressly prohibited.
2.1. While the Company endeavors to eliminate all spam/fraudulent inquiries to listing owners/agents, it is not possible to guarantee that no such inquiries will be received by a listing Owners/managers. Any listing Owners/managers who receives a suspect inquiry are encouraged to notify the Company via the support form. The Company shall be held blameless and harmless for any cases of fraud resulting from transactions conducted through the the Site, whether as Owners/managers or Vacationer Member or Guest.
2.2. The Company shall not be held responsible for any website outages/unavailability, network outages/unavailability, undelivered inquiries, missed/untimely rental opportunities or cases of fraud. The Company shall not be held liable for any breach in transaction security caused by a third party arising out the creation of a user account and listing placement.
2.3. You are exclusively liable for the content of every message and screen name you transmit via the Site.
3.1. Unless otherwise provided within these Terms, or unless specific applicable law requires the Company to allow you to do so, you may not do any of the following without the prior written consent of the Company.
3.2. Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Content in any form whatsoever.
3.3. Reproduce our content on your website 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.
3.4. Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Site.
3.5. Reverse engineer any part of this Site.
3.6. Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties.
3.7. Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the Content.
3.8. Use the Site other than to make legitimate inquiries to OurTownRentals.com advertisers.
3.9. Use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand.
3.10. Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, 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.
3.11. Use or access the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site; or any other computer systems or networks used by the Site, or infringes on our copyright or the copyright of our advertisers. Links to external sites from a listing are strictly prohibited and grounds for removal from the website.
3.12. 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, 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 a third party.
3.13. Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that impose an unreasonable load on our equipment.
3.14. Or disguise the origin of the information transmitted through the Site. Or to disguise the URL of external websites.
3.15. OurTownRentals.com reserves the right to delete or deactivate any vacation rental listing at its sole discretion with or without notification.
4.1. OurTownRentals.com provides this Service to permit users the ability to review information about rental properties around the world. You acknowledge that OurTownRentals.com has expended significant time and money in collecting the Content contained within the Service. As a result, the Service is provided to you for the sole purpose of rental inquiries. Use of the Service and its Content for any other reason, including but not limited to the solicitation of the Company's clients and advertisers is strictly forbidden ("Non-Solicitation").
4.2. You acknowledge that the Company's damages for your failure to adhere to the non-solicitation provision set forth herein are difficult to ascertain. As a result, you agree to pay to the Company, an amount equal to one thousand dollars ($1,000) for each violation of the non-solicitation provision.
4.3. This provision is intended to establish liquidated damages and is not intended as a penalty. This liquidated damages provision does not waive or alter any remedies available to the Company under this Agreement, at law or in equity for your default hereunder.
5.1. Each vacation home Owner/Manager has access to his/her listing 24 hours per day with the exception of times when the Site is shut down for routine maintenance and upgrading and/or for reasons outside the Site control such blackouts or the shut-down of the users internet provider.
5.2. One Rental per Listing policy is strictly enforced. You may not list more than one property per listing. If this is not observed, you will be notified by us to remove the additional property advertisement,description photos,rates, etc. If you do not remove the information of an additional property or properties from the listing promptly, OurTownRentals.com has the right to deactivate your listing with no refund.
5.3. A vacation rental property may not be listed in more than one city. Any posting of a listing to an overtly incorrect city/location for that property location (e.g. posting a California listing under a New York location or an Avon listing in Spring Lake) shall result in the correction or deletion of the listing without notification.
5.4. Any city added by a listing Owners/managers via the listing process to the predefined list of cities displayed on the OurTownRentals.com website, must be found in Google Maps and/or the US Postal Service website at USPS.com.
6.1. All listings on OurTownRentals.com, as submitted by the Owner/manager and amended from time to time by OurTownRentals.com staff, are the responsibility of the Owner/manager, and OurTownRentals.com specifically disclaims any and all liability arising from the alleged accuracy of the listings, or any alleged breaches of contract on an advertiser's part. By accepting these Terms and Conditions and paying to list on OurTownRentals.com, you agree to indemnify and hold OurTownRentals.com and its affiliates harmless against all costs, expenses and losses arising out of a claim relating to the content of an advertisement.
6.2. OurTownRentals.com is not a property manager and does not represent any Owners/managers or renter.
6.3. Owners/managers are responsible for maintaining the accuracy and their listing. Each Owner/manager establishes his/her own cancellation and refund policy.
6.4. OurTownRentals.com is not responsible for the payment or refund of any fees or deposits collected by owners from renters.
6.5. Owners/managers are solely responsible for keeping their information current by updating the content of their listing, including, but not limited to any and all representations about the property, the type of rental or purchase, its amenities, location, and its availability for a specific date or range of dates. Use of the appropriate fields for information is enforced, including a prohibition on using the Detailed Rate Management to indicate availability status. Within the rate management notes section of the listing any words relating to the booking status or availability are banned.
6.6. OurTownRentals.com staff reserves the right to notify Owners/managers either by email, phone or snail mail when their listing is no longer current and requires updating.
6.7. In the event that owners/managers do not keep their listing up to date, OurTownRentals.com reserves the right to remove out-of-date content from the listing.
6.8. OurTownRentals.com reserves the right to edit, add to, and reformat the content of vacation rental listings without notification for the following reasons: to fit the template form of OurTownRentals.com listing layout, for the purpose of improving search engine optimization (SEO) of the listing content, and to insure that the listing provides adequate description of the property advertised in the fields provided.
6.9. OurTownRentals.com specifically bans the following content from listings: email addresses, real estate agency names,any commercial website names or website URLs. All content and copy edits submitted by members are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine, in our sole discretion, does not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content 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. Members are responsible for reviewing and ensuring that any content submitted to the Site is displayed as the member intended.
6.10. Our Right to Terminate a Listing: If, in our sole discretion, any member submits unsuitable material to our Site or into our database, misuses the Site or our online system or is in material breach of these Terms, we reserve the right to terminate such member’s subscription(s) immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a member’s listing, rental practices, or the condition of the rental property, that, in our sole discretion, warrants the immediate removal of such member’s listing from the Site, then we may immediately terminate such member’s subscription(s) without notice to the member and without refund. We assume no duty to investigate complaints. Finally, if any member is verbally abusive to any employee or representative of OurTownRentals, we reserve the right to terminate such member’s subscription(s) immediately without refund. Finally, if any member is in breach of these Terms or its obligations to us then we may terminate such member’s subscription(s) immediately without notice to the member and without refund.
6.11. Transfer of Listing: No listing may be transferred to another party. In the event of a property sale, OurTownRentals will provide guidance to both seller and buyer regarding options for creating a new listing.
7.1. OurTownRentals.com assumes no responsibility for the accuracy of information contained in the listings herein. You are responsible for conducting your own investigation regarding any and all claims made by prospective renters or vacation property owners or agents. You assume all liability for use of any information you find in any OurTownRentals.com listing. The operators of OurTownRentals.com assume no responsibility and in no way warrant the accuracy of the information contained in any of the pages published here. Not all OurTownRentals.com ads are created directly by the property owners, some OurTownRentals.com advertisers are acting as agents or managers for the owners.
7.2. Renters are aware that each property sets its own Cancellation and Refund Policies and OurTownRentals.com does not hold any funds or take any commissions between the renter and the owner and cannot be liable for any refunds for commitments made between renter and owner for any reason.
7.3. None of the information contained in any OurTownRentals.com web page is confirmed or warranted by any party. Confirmation of information published herein is the sole responsibility of the renting party. Qualification of all renters is the sole responsibility of the property owner or agent.
7.4. OurTownRentals.com, homeowners and agencies are not responsible for typographic errors; and rates and conditions are subject to change without notice.
7.5. For the avoidance of doubt, your use of OurTownRentals.com to search for or inquire about vacation rental properties and for sale properties makes you subject to our Terms and Conditions. OurTownRentals.com is not a party to any transaction between you and one of our advertisers and you specifically agree to release and hold OurTownRentals.com and its Affiliates harmless from any cause of action arising from your transaction with one of our advertisers.
7.6. The information from or though the Site are provided "As-Is", "As Available", and all warranties, express or implied, are disclaimed ( including but not limited to the disclaimer or any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our affiliated, or partners have no liability whatsoever for your use of any information or service. In particular, but not as a limitation thereof, we and our affiliated or partners are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above is fundamental elements of the basis of the bargain between us and you. The Site and the information would not be provided without such limitations. No advice or information whether oral or written, obtained by you from us through this site shall create any warranty, representation or guarantee not expressly stated in this agreement.
7.7. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or in ability to use the Site.
8.1. If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. OurTownRentals.com failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by OurTownRentals.com in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by OurTownRentals.com. This Agreement may not be assigned in any manner by you without the express, prior written permission of OurTownRentals.com . No third party is a third-party beneficiary to this Agreement.
8.2. This Agreement shall be governed by and construed in accordance with the laws of the State of California notwithstanding any conflict of laws provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal in the County of Los Angeles, California (the "California Courts") for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the California Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the California Courts represent the exclusive jurisdiction for all disputes relating to this Agreement.(v.) 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.”
8.3. 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 or user contributed content) or any third party website that may be linked to or from or otherwise interact with the site, including without limitation any social media site, you hereby agree to release, remise and forever discharge each member of OurTownRentals, 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, liabilities, 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.
8.4. Refund Requests: Generally, no refunds are available unless a member qualifies for a refund under any guarantee program we may have in effect. If you believe you qualify for a refund under a guarantee we are offering, you may contact customer support by sending your request to the address listed under “General – Contact Us” above and include your listing number, and your reason for dissatisfaction. We will then determine, in accordance with the applicable guarantee program, whether any refund is due. Listings that have been terminated at the request of the owner are not eligible for refund and not entitled to restarting in order to complete the original listing run.
8.5. If you renew your subscription, or if your subscription automatically renews under its terms of your subscription, your listing will remain online for the entire subscription period without refund. If you sell your property and no longer wish for the listing to remain online, please contact us and we can remove the listing; however, no refund will be owed.
9.1. Our Guarantee applies solely to new members whose first purchase is a one-year listing at the advertised purchase price at the time the listing was published. OurTownRentals guarantees that a new member's initial by-owner, one-year listing on OurTownRentals will receive income through at least one rental booking coming to you through the website. Based on the honor system, at the end of your first listing term, tell us that you have not gotten a booking through us - and we will extend your subscription one year FOR FREE!
9.2. The OurTownRentals Guarantee applies only to all new members whose first purchase is a one-year listing with all available upgrades.
9.3. The new member must have purchased the one-year listing and all upgrades (including feature, priority, and attention getter) at the full price advertised at time of purchase.
9.4. Vacation rental property must be available for rent at least four (4) months during the twelve (12) month listing cycle on a weekly or bi-weekly basis.
9.5. Guarantee is not valid if the property is sold during the listing period
9.6. Listing must have rental rates or rate range on the listing at all times.
9.7. In order to advertise your property to its full potential and extend this guarantee, listing must have full-size photos of all major rooms/spaces described in listing content including decks, porches, or backyards with minimum of one property exterior. Include all bedrooms, kitchen, living room, dining room (if any). Excluded are bathrooms, garages, utilities rooms laundry rooms.
9.8. Listing must fully represented with photos of all major rooms and descriptions of property features: Required content: telephone and email address (privacy protected- not visible) and property address + zip, primary description, amenity check box, layout and extras, rental rates summary with either a rate range or fixed rate, 1 titled photo exterior of property. Additional field texts that can only be filled in after listing publication must also be completed. These include bed arrangements with bed sizes, in the neighborhood, and nearby attractions. (Detailed rates are optional). Availability calendar must be kept current or hidden from view with the selection "Hide Calendar."