Terms
and conditions of using GustaveWhiteRentals.com
1) Personal use: The site must not be
used for any reason other than to view or make legitimate inquiries to GustaveWhiteRentals.com
regarding your interest in particular rental properties.
2) Downloading of information from the
Web site: As a part of the rental inquiry process, for your own
purposes and not for further distribution, you may download, display, or print copies
of any portion of GustaveWhiteRentals.com content. You may not modify the Content
in any way. –“All Rights reserved“ as displayed on the relevant page(s) that
you might download or wish to copy.
3) Unauthorized use:
Unless otherwise provided within these Terms, or unless specific applicable law
requires GustaveWhiteRentals.com to allow you to do so, you may not do any of
the following without the prior written consent of GustaveWhiteRentals.com:
·
Copy, reproduce, upload, post, display, republish, distribute,
transmit, any part of the Content in any form whatsoever;
·
Reproduce our content on your Web site using any device
including, but not limited to, use of a frame or border environment around the
Web site, or other framing technique to enclose any portion or aspect of the
Web site, or mirror or replicate any portion of the Site;
·
Modify, translate into any language or computer language, or
create derivative works from, any Content or any part of this Web site;
·
Reverse engineer any part of this Web site;
·
Sell, offer for sale, transfer, or license any portion of the
Web site in any form to any third parties;
·
Use any robot, spider, other automatic device, or manual process
to monitor, copy, or keep a database copy of the Content;
·
Use the Web site other than to make legitimate inquiries to GustaveWhiteRentals.com;
·
Use the Web site to make any false, fraudulent or speculative
reservation, or any reservation in anticipation of demand;
·
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.
·
Use or access the Web 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 Gustave White Sotheby’s
International Realty, or infringes on our copyright or the copyright of our
advertisers;
·
Upload or transmit to the Web 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 our Web site, or appropriate
the Web 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;
·
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; or
·
Disguise the origin of the information transmitted through the
Web site.
4) Limitation of Liability.
IN NO EVENT WILL GUSTAVEWHITERENTALS.COM
OR 515 BELLEVUE,INC.BE LIABLE FOR ANY
DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM
THIS AGREEMENT OR YOUR USE OF THE SERVICE, EVEN IF GUSTAVEWHITERENTALS.COM OR 515
BELLEVUE, HAS BEEN ADVISED OF THE
POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND
EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF
CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5)
NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE
NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE
DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS
AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST LMB WITH RESPECT
THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
5) Release.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE GUSTAVEWHITERENTALS.COM,
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, LIABLITIES, 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 YOUR USE OF THE SERVICE.
Terms and conditions of advertising on GustaveWhiteRentals.com
1. Layout and copy:
1.1 GustaveWhiteRentals.com reserves the right to determine the final
design, layout and functionality of our website which is subject to change from
time to time without notice.
1.2 GustaveWhiteRentals.com reserves the
right to edit copy or amend the layouts or photographs supplied, in order to
create a more uniform and pleasant advertising environment for our visitors.
1.3 GustaveWhiteRentals.com reserves the
right, at its discretion, to amend and edit copy entered into the GustaveWhiteRentals.com
online database by owners/listers. All copy edits submitted by owners/listers
are subject to review and approval of GustaveWhiteRentals.com in its sole
opinion.
1.4 Notwithstanding its right to edit
and amend copy and photographs, GustaveWhiteRentals.com accepts and holds no
liability for any loss or damage resulting from the design or positioning of
the properties or changes made to the photographs and copy submitted by the
owner/lister or edited by GustaveWhiteRentals.com staff.
2 Accuracy
2.1 All listings on GustaveWhiteRentals.com, as submitted by the
owner/lister and amended from time to time by GustaveWhiteRentals.com staff,
are the responsibility of the owner/lister, and GustaveWhiteRentals.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 listing on GustaveWhiteRentals.com,
you agree to indemnify and hold GustaveWhiteRentals.com and its affiliates
harmless against all costs, expenses and losses arising out of a claim relating
to the content of an advertisement.
2.2 Owners/listers are responsible for keeping their information up to
date on GustaveWhiteRentals.com, including, but not limited to any and all
representations about the property, its amenities, location, and its
availability for a specific date or range of dates. GustaveWhiteRentals.com
makes no representation or warranties that any of the copy or availability
information published on GustaveWhiteRentals.com is accurate or up-to-date even
in the case where visitors have searched for specific special offers, dates, or
types of properties.
3 Photographs
3.1 All printed (paper based) photographs submitted to GustaveWhiteRentals.com
by the owner will be discarded after we have scanned them into our electronic
database. (Sorry, but we can neither return them nor keep copies of paper
photographs on file.)
3.2 Every effort will be made to reproduce faithfully all photographs
submitted, but GustaveWhiteRentals.com cannot be held responsible for any loss
or damage or otherwise resulting from errors or omission.
3.3 By submitting a photograph either electronically through our website or by
mailing a paper based photograph to our offices, the Owner/lister is
representing an warranting that (a) he holds all intellectual property rights
with respect to each submitted photograph, or (b) he has secured from the
copyright holder all rights necessary for the photograph to be used in an
online advertisement, and (c) that any people in the photograph have given
permission for their likeness to be displayed in an online advertisement, and
(c) that the photograph accurately and fairly represents the subject of the
photograph and has not been altered in any manner that would mislead a viewer
of that photograph and (d) that he will indemnify and hold harmless GustaveWhiteRentals.com
and its affiliates from any cause of action arising from any misrepresentation
with respect to any and all the photographs so submitted.
4 Liability
4.1 GustaveWhiteRentals.com does not warrant that the operation of
the GustaveWhiteRentals.com site will be uninterrupted or error-free.
4.2 In no event shall GustaveWhiteRentals.com be liable to the advertiser
for any special, consequential, incidental or indirect damages, including lost
profits.
5 Copyright
5.1 By accepting these Terms and Conditions and posting a listing on GustaveWhiteRentals.com,
the Owner/lister grants to GustaveWhiteRentals.com and its affiliates a fully
paid up license to use the copy, the photographs, the likenesses (if any) on
its website or the websites of its affiliates and grants GustaveWhiteRentals.com
the ability to copyright and protect the images, copy, and information
available via the Owner/lister’s listing from the unauthorized use by
unaffiliated third parties who may, from time to time, attempt to pirate such
information via electronic or other means.GustaveWhiteRentals.com is not
responsible for any infringement of copyright laws resulting from material
supplied by the Owner/lister and the Owner/lister indemnifies GustaveWhiteRentals.com
against any action brought for breach of copyright or other rights from the use
of such material supplied by the advertiser.
5.2 GustaveWhiteRentals.com shall be entitled to reproduce part or whole of any
photographic material supplied by the advertiser in the promotion of either the
Owner/lister’s property or the promotion of GustaveWhiteRentals.com.
5.3 GustaveWhiteRentals.com claims copyright to the electronic images of
the photographic material supplied by advertisers, and the Owner/Lister will
assist GustaveWhiteRentals.com—at GustaveWhiteRentals.com expense and
controlled by GustaveWhiteRentals.com—to protect its copyrighted material from
unauthorized redistribution.
5.4 It is the Owner/lister’s responsibility to obtain reproduction
permission for all photographic and other material used in their
advertisements. The advertiser warrants that he is the owner of the copyright
in such material or is authorized by the owner thereof to grant to GustaveWhiteRentals.com
the rights therein contained.
6 Hypertext links
6.1 GustaveWhiteRentals.com reserves the right to refuse hypertext
links to, or addresses of, other web sites from advertisers' pages, and to
remove links or web addresses without notice at our sole discretion.
7 Substitution of properties
7.1 An advertisement relates to a specific property. The property in
an advertisement may not be substituted by another property. If an
Owner/Manager submits changes to an existing listing that, if approved, would
substantially alter the listing to make it that of another property, then GustaveWhiteRentals.com
will have the right to terminate the listing and may choose, in its sole
discretion, to retain any unearned fees associated with the term of the
previously existing listing as compensation for violating this condition.
8 Advertising more than one property on
one advertisement
8.1 Each advertisement on the GustaveWhiteRentals.com site displays
an individual and uniquely identified property The listing specifically cannot be a mere
example of properties in a given area. Only one property/rental unit can appear
on each advertisement. GustaveWhiteRentals.com reserves the right to amend the
copy or remove the advertisement, when more than one property is described in
the advertisement, and may choose, in its sole discretion to retain any
unearned fees associated with the initial term of such non-conforming listing
as compensation for violating this condition.
9 Termination of advertising
9.1 GustaveWhiteRentals.com reserves the right to refuse any listing
submitted to GustaveWhiteRentals.com either through its online submission
process or sent to our offices for us to load onto the website. We can refuse
to publish the ad for no reason, and you specifically agree to hold us harmless
for any loss or liability that may arise from such a decision.
9.2 If you submit unsuitable material into the GustaveWhiteRentals.com
on-line database, or persistently misuses the on-line systems,GustaveWhiteRentals.com
reserves the right to remove the property from the GustaveWhiteRentals.com
site.
9.3 If GustaveWhiteRentals.com receives a complaint from a person who has
rented a lister’s property which GustaveWhiteRentals.com, acting reasonably,
considers to be justified, or if you double-book a property for multiple
renters on the same date, or if you engage in any business practice that would
be considered within the vacation rental industry to be unfair, or if you are
in breach of your obligations to GustaveWhiteRentals.com, then GustaveWhiteRentals.com
reserves the right to remove the property from the GustaveWhiteRentals.com web
site without notice.
10 Payment
10.1 GustaveWhite
Rentals.com will take their commission from the first month’s rent; for any
lease shorter than 6 months an 8 % commission will be taken. All commissions
are based on a percentage of the total rental amount.
11 Legal Jurisdiction
11.1 Any and all GustaveWhiteRentals.com
services are performable and/or sold in the State of Rhode Island, United
States of America, and you irrevocably agree that any cause of action you may
submit will be filed in Rhode Island which will be the venue of any legal
dispute. You also agree that any dispute will be governed by the laws of the
State of Rhode Island.
Privacy Policy
CyberRentals.com is serious about protecting
the privacy of our owners and our renting visitors. We use information
collected about you only to process and bill orders and to make our Website a
more useful and valuable service. We respect the privacy of those who visit
or become advertisers. Our privacy policy is stated below, but please be
aware that should you follow a link on our website to another website, you
are no longer covered by this policy. It's a good idea to understand the
privacy policy of any website before sharing personal information with it.
Your Information:
What, How, and Why?
Property Owners/Advertisers and Vacation Planning
Visitors
In order to process a request you may have
of us we need to know contact information that could include all or some of
the following: your full name, address, telephone number, e-mail address,
and, in the case of an advertising listing, a method of payment.
CyberRentals.com will use this information to contact you from time to time
with critical customer updates and information, or to send you information
about new services or opportunities. You will be able to "opt out"
and not receive marketing information, but we must always be able to email
you critical information about your account and our mutual business
relationship.
Your information is not shared with third
parties, except: 1) in the case of special promotions by CyberRentals.com, or
one of its partners, about which you've requested to be notified; 2) where a
third party performs services on behalf of CyberRentals.com and has agreed to
keep such information confidential (such as the processing of your credit
card payment or the conduct of an online survey for example); and 3) the
aggregate use of the information of multiple CyberRentals.com advertisers and
visitors where individual personal information is not disclosed.
CyberRentals.com shares Website usage information about advertisers and
visitors with a third-party tracking company for the purpose of reporting
statistics. For this purpose, some of the pages you visit on our Website use
pixel tags (also called clear gifs). CyberRentals.com also uses your
information to market its services and to gain feedback on potential new
services.
Newsletters
As an advertiser or visitor to CyberRentals.com,
you will receive either or both of our Owner or Traveler newsletters. You may
cancel your subscription to these newsletters at any time.
Surveys
Surveys are another method by which we
gather information about our visitors. From time to time, we request owner or
newsletter subscribers' input in order to evaluate potential features and
services. The decision to answer a survey is completely yours. We use
information gathered from surveys to improve our service.
Inquiries
Site visitors may send inquiries to our
property owners/advertisers via clickable links on CyberRentals.com listings.
If you choose to send an inquiry through these links, your personal
information, including your email address and any other information you
supply, will be visible to the owner of the property you inquired about so
that they might reply directly to you. Do not share information in the email
that you are not prepared to allow them to have, including, but not limited
to, credit card and bank account information. These inquiries are sent to
both the individual owner/advertiser you selected and retained by
CyberRentals.com. The resulting inquiry is available for review only by the
owner/advertiser to whom they were initially addressed and to
CyberRentals.com customer service employees, who may be asked by advertisers
for their past inquiry information. While the content of these inquiries is
not shared with any other party, CyberRentals.com may, from time to time, use
third party email servers to send and track receipt of the inquiry emails,
and analyze the pattern of inquiry usage via these third party tracking
systems.
All inquiries sent through CyberRentals.com
are accepted and are governed by our Terms and Conditions of Service and our
Privacy Policy.
How Do We Protect Your
Information Once We Have It?
All personal information is stored on a
secure server. We do not store credit card numbers or identifying information
on any CyberRentals.com server. All such information is stored by Paradata,
our credit card processing partner, on their secured servers, and is
protected via its proprietary methods.
Click here to
read the Paradata privacy policy.
Please remember that many services and
transactions are performed by our business partners. Our privacy policy and
our security or common practices do not apply to other companies.
What is a Cookie and
Why Do We Use Them?
A "cookie" is a small piece of
information sent by a Web server to store in a Web browser so that it can
later be read back from that browser. CyberRentals.com may uses cookies to
store some personal preferences for your future visits. Cookies allow us to
recognize you more quickly; therefore, your time spent on our site can be
more personalized and productive. You'll find that cookies are an industry
standard and are used at most major Websites in much the same way we use them
here at CyberRentals.com.
We use third-party site usage tracking
companies to analyze your Website visit or to conduct surveys. In the course
of serving our pages, these third parties may place or recognize a unique
"cookie" on your browser. These companies may use information (not
including your name, address, e-mail address or telephone number) about your
visits to CyberRentals.com and other Websites in order to help us understand
how to serve you better.
By using our Website and signing up for
CyberRentals.com services, you consent to the collection and use of the
previously mentioned information by CyberRentals.com and our affiliates. This
policy is subject to change without notice. Privacy issues represent a
growing concern for all Web users. To keep up-to-date with our policies,
please check this page frequently. We reserve the right to change, modify,
add, or remove portions of this policy at any time.
What information do we
share with Rentors.org?
CyberRentals.com is a founding member of
Rentors.org. Many of our subscribers have pre-existing relationships with
Rentors.org, which provides services to property owners including but not
limited to the universal calendar and guestbook.
If you wish to use our calendar, you must be
a member of Rentors.org. In order to make this easy for you, we share
information, such as your name and your property ID with Rentors.org so that
updates you make to your calendar while on CyberRentals.com will update the
calendar you have on Rentors.org or on the other websites where you have
posted your Rentors.org calendar. You do not need to register with
Rentors.org, because we pass only the information Rentors.org requires
through to them so that they can properly update calendars and guest books as
they change from time to time.
Click
here to read the Rentors.org privacy policy.
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rights reserved.
Use of this Web site constitutes acceptance of the CyberRentals.com Terms and Conditions
and Privacy Po