RentalBot Owner Agreement
The RentalBot.com Website (the "Site") is owned and operated by Rentalbot LTD. Rentalbot LTD maintains the Site as a service to its visitors.
PLEASE READ CAREFULLY. THE FOLLOWING DESCRIBES THE TERMS ON WHICH RENTALBOT LTD OFFERS YOU ACCESS TO ITS SERVICES. THIS IS A LEGAL AGREEMENT. BY ACCEPTING THIS AGREEMENT YOU AGREE TO BE BOUND AND ADHERE TO ALL TERMS AND CONDITIONS CONTAINED HEREIN.
Nature of Site and Services
Rentalbot LTD provides searching, advertising, marketing and other online tools and services to vacation rental property owners and renters ("Owner(s)" or "Forum User(s)") through the Site. Rentalbot LTD is not a real estate agent, broker or rental service. Rentalbot LTD only advertises Owner's rental properties. Rentalbot LTD does not participate in the transaction that takes place between Owner and a person attempting to rent from Owner ("Renter"). Rentalbot LTD is not an agent of Owners. As a result, Rentalbot LTD has no control over quality, safety, or legality of the properties advertised, or the truth or accuracy of the advertisements on the Site. Your reliance on the information, interaction and contracting with Renter, and rental experience is AT YOUR OWN RISK.
Fees, Payment and Term of Service.
As consideration for the Services you purchased, you agree to pay Rentalbot LTD the applicable Service(s) fees set forth on our Site at the time of your selection, or, if applicable, upon receipt of your invoice from Rentalbot LTD. All fees are due immediately and are non-refundable. Unless otherwise specified herein or on our Site, each Rentalbot LTD Service is for a one-year initial term and renewable thereafter for successive one year terms, as set forth during the renewal process. Any renewal of the Services with us is subject to our then current terms and conditions, including, but not limited to, successful completion of any applicable authentication procedure, and payment of all applicable Service fees at the time of renewal. You acknowledge and agree that the renewal price may be higher or lower than the price you paid for the then-current term of the Service. You agree to pay all costs (including attorney's fees), if any, incurred by Rentalbot LTD in collecting overdue fees from you, and to pay a late charge on any overdue fees at a rate equal to the lesser of 1.5% per month or the maximum rate allowed under applicable law. You also agree to pay all foreign, federal, state and local taxes applicable to your access, use or receipt of the Services.
Legal Capacity. You must be legally able to rent the property you advertise on the Site.
Property Rates and Cancellation Policy. You set the rental rates, cancellation policy and any other terms and conditions related to the Property You are responsible for collection of rental fees.
Renting the Property. All rental transactions take place directly between you and Renter. We are not a party to the agreement and have no interest in the transaction. Renter contacts you directly.
Fraud. Without limiting any other remedies, we may suspend or terminate your account and the corresponding advertisement if we suspect that you have engaged in fraudulent or unethical activity in connection with the Site.
The information you list in your advertisement and during the use of any other Service and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
Solely to enable Rentalbot LTD to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in your information, in any media now known or not currently known, with respect to your information.
Because we only post advertisements, and are not involved in the relationship or transaction between you and Renter, in the event that you have a dispute with one or more Renters, you release Rentalbot LTD (and our officers, directors, agents, subsidiaries, joint ventures and employees) from 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.
Security and Storage Of Data
The security of your data may be maintained through the use of data encryption, data security protocols, passwords and other methods which Rentalbot LTD may employ, or which Rentalbot LTD may suggest or require that you employ. You agree that Rentalbot LTD has no responsibility or liability either for the deletion or failure to store any Data transmitted by you or anyone else to the Services or the operation, or failure, or weakness, of any data encryption, data security protocols, passwords or other security methods employed by Rentalbot LTD.
THE RENTALBOT LTD SITE AND SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE RENTALBOT LTD SITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. RENTALBOT LTD AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. RENTALBOT LTD AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE RENTALBOT LTD SITE AND SERVICES. RENTALBOT LTD AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE RENTALBOT LTD SITE. RENTALBOT LTD AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE RENTALBOT LTD SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE RENTALBOT LTD SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE RENTALBOT LTD SITE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE RENTALBOT LTD SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
You agree to defend, indemnify, and hold harmless Rentalbot LTD, its employees, attorneys, and agents ("Indemnitees") against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney's fees, that the Indemnitees may incur (i) in connection with your use of the Site or Services or any hyperlinked Web site or (ii) resulting from information you supply.
No agency, partnership, joint-venturer, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
Access, Passwords And Security
You may designate up to the number of users under your account, which corresponds to the level of Services you are receiving from Rentalbot LTD, and you may provide and assign access and passwords to such users. You will be responsible for the confidentiality and use of your access number(s), password(s), and account number(s). You will be responsible for all electronic communications, including account registration and other account holder information, e-mail and financial, and other data ("Electronic Communications") entered through or under your access number(s), password(s) or account number(s). Rentalbot LTD will act as though any Electronic Communications it receives under your access number(s), password(s) or account number(s) will have been sent by you. You agree immediately to notify Rentalbot LTD if you become aware of any loss or theft or unauthorized use of any of your access number(s), password(s) and/or account number(s).