1. Agreement Between Customer and RedAwning.com, Inc.
The RedAwning.com website (“Website”) is provided solely to connect travelers seeking to rent vacation properties (“Renters”) with property owners and property managers who have available vacation properties (“Owners”), and facilitating bookings and related payments (“Bookings”) between the parties, and for no other purposes. The terms “we,” “us,” “our,” and “RedAwning.com” refer to RedAwning.com, Inc., a California corporation (the “Company”). The term “you” refers to the user using, visiting, or accessing the Website, and/or listing or accessing a listing on the Website or through our customer service agents.
2. Use of the Website.
As a condition of your use of the Website, you represent, warrant and agree that:
(i) you are at least 18 years of age,
(ii) you possess the legal authority to create a binding legal obligation,
(iii) you will use this Website in accordance with this Agreement,
(iv) you will only use this Website to research, offer or secure legitimate accommodations for you or for another person for whom you are legally authorized to act,
(v) all information supplied by you on this Website is true, accurate, current and complete, and
(vi) if you have a RedAwning.com account, you will safeguard your account information, you will supervise the use of your account, and you will be completely responsible for any use of your account by you and/or anyone other than you. We retain the right at our sole discretion to deny anyone access to this Website and the services we offer, at any time and for any reason, including, but not limited to, violation of this Agreement.
3. What We Do.
We provide users with a marketplace for vacation rental accommodations (the "Service"). The Service is provided on an “AS IS” basis and without warranties or representations of any kind to the fullest extent permissible pursuant to applicable laws. We assume no responsibility for information posted on this Website by others, including, but not limited to, Owners, Renters, users and advertisers. We also assume no responsibility for the actions of Owners, Renters and other users through the Service or the Website or as a result of their use of the Service or the Website. You are responsible for any and all costs associated with using the Website or the Service.
4. What We Do Not Do.
WE HAVE NO WAY OF INDEPENDENTLY VERIFYING THE INFORMATION PROVIDED BY A USER OR POSTED ON THIS SITE. USERS SHOULD ALWAYS BE CAUTIOUS ABOUT GIVING PERSONAL INFORMATION TO STRANGERS OR POSTING IT IN A PUBLIC PLACE WHERE SUCH ACTIONS MIGHT BE USED TO HARM, HARASS OR BE USED AGAINST THEM. WE ARE NOT A PARTY TO THE RENTER/OWNER TRANSACTION, ALTHOUGH WE PROVIDE TOOLS, SUCH AS ONLINE CONTRACTING, PAYMENT COORDINATION, AND DIRECT CONTACT, THAT ENABLE USERS TO ENTER INTO A RENTER/OWNER TRANSACTION. AS A RESULT WE HAVE NO CONTROL OVER THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS ADVERTISED, THE TRUTH OR ACCURACY OF THE LISTINGS, THE ABILITY OF OWNERS TO OFFER THE PROPERTIES LISTED, THE ABILITY OF RENTERS TO PAY FOR THE BOOKINGS, THE SAFETY OF LISTED PROPERTIES, DAMAGE TO REAL PROPERTY, DAMAGE OR LOSS OF PERSONAL PROPERTY OR PERSONAL INJURY AS A RESULT OF A STAY. WE CANNOT ENSURE THAT AN OWNER AND A RENTER WILL ACTUALLY COMPLETE A BOOKING AND WE DO NOT MAKE ANY REPRESENTATIONS AS TO THE QUALITY, LOCATION, AVAILABILITY, SUITABILITY, OR PRICING OF ANY SPECIFIC PROPERTY. IN USING THE SERVICE, INCLUDING WITHOUT LIMITATION, POSTING A LISTING, SEARCHING LISTINGS AND ENTERING INTO A BOOKING THROUGH THE SERVICE, USERS AGREE TO COMPLY WITH ALL APPLICABLE LAWS.
5. User Account, Password and Security.
You are solely responsible for all activities that occur under your account with us. You agree to protect and safeguard your password and account information against unauthorized use. You must immediately notify us of any unauthorized use of your account or any other breach of security. You must exit from your account at the end of each session. You agree that you will be solely responsible for any loss or damage arising from your use of the Services, including without limitation, your failure to comply with this Agreement.
6. User Conduct.
You understand that we do not provide the information on the Website and that all publicly posted or privately transmitted information and/or data, including but not limited to, text, photographs, graphics, messages, images, sounds, emails, comments, feedback, suggestions, ideas or other materials ("Content") are the sole responsibility of the person from which such Content originated. You agree and represent that you are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise use or make available via the Service and this Website. Since we do not control the Content posted on the Website or sent to you from another user of the Website, advertiser, or other third-party, we cannot and do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website and/or the Service, you may be exposed to offensive, indecent or objectionable Content. You agree that we are not liable for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website and/or the Service or actions taken in response or reaction thereto. You agree not to use the Website and/or the Service for any illegal or inappropriate purpose, and affirmatively represent and warrant:
(i) that you will not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, religiously or otherwise objectionable, or other material or Content that would violate any third-party copyright, trademark, or other proprietary right, or rights of publicity and/or privacy or that would violate any law.
(ii) that you will not impersonate any person or entity, including, but not limited to, any employee, officer or director of Company, guide, traveler, Owner, host, Renter, or user, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(iii) that you will not disguise the origin of any Content transmitted through the Service and you will not misrepresent listings;
(iv) that you will not upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships or that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any person or entity;
(v) that you will not upload, post, email, transmit or otherwise make available any "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation unrelated to the Service;
(vi) that you will not upload, post, email, transmit or otherwise make available any material that contains software virus, “bot”, “Trojan horse”, beacon, malware or any other computer code, files or programs designed to interrupt, interfere with, hijack, commandeer, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(vii) that you will not interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
(viii) that you will not engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Website, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, creating an account in the name or on behalf of another party without their authorization or registering multiple accounts or subscriptions under the same or different names; provided that creating multiple property pages, each for a separate and distinct property, shall not be a violation of this provision;
(ix) that you will not act in a manner that negatively affects other users' ability to engage in the Website;
(x) that you will not intentionally or with reckless disregard violate any applicable Law (as defined below); or
(xi) that you will not collect or store personal data about users of this Website or the Content posted by others on this Website or use such information for any purpose inconsistent with the purpose of this Website.
7. Compliance with Laws.
Recognizing both the global nature of the Internet as well as the purpose and intent of the Service, you agree to comply with all applicable Federal, state, local and association laws, regulations, rules and ordinances (together, “Laws”), including without limitation, all such Laws regarding online conduct and acceptable Content, and vacation property listing, rental and use. Specifically, you agree to comply with all applicable Laws regarding the transmission of technical data exported from the United States or the country in which you reside, as well as all Laws relating to rental property accommodations and the use thereof.
You acknowledge and agree that we do not pre-screen or monitor Content, but Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, or remove any Content on the Website for any reason, in our sole discretion. You further acknowledge and agree that all Content posted on, transmitted through, or linked from the Website is the sole responsibility of the person from whom such Content originated. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. We may preserve Content in our sole discretion and we may also disclose such information to third parties to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety or the rights, property and personal safety of our users and the public. We do not, however, undertake any affirmative obligation to examine Content or disclose Content to any third party for any reason. You understand that your Content may be transmitted over a number of different networks and that people other than those on this Website could gain access to it.
We do not own any of the Content submitted by users of the Website. However, with respect to Content you submit, in any fashion, by any means, and for any purpose, or make available for inclusion on publicly accessible areas of the Website, you hereby grant us the following world-wide, royalty free, non-exclusive, perpetual, transferable, irrevocable right and license(s), as applicable: With respect to Content you submit or make available to us, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content and the irrevocable right to sub-license such Content with the sub-licensee having the right to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. You grant Company and its affiliates and sub-licensees the unconditional right to use your user name, likeness and/or other identifying, non-financial information you submit in connection with the Website and/or promotion of the Website, including but not limited to, attribution of your comments or reviews (for example, listing your name and hometown on a review that you submit) at our discretion.
10. Third Party Websites, Links, Content and Services.
The Website, Service, and Content available through the Website may contain features and functionality that may link you or provide you with access to third-party content that is completely independent of the Website, including third-party websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. You acknowledge that we have no control over such sites and resources, and you agree that we are not responsible for the content, functionality, availability, advertising, products, or other materials or services of such sites or any additional links contained therein. The existence of a link on the Website does not constitute or imply our endorsement in any manner whatsoever of such third-party site, service, product, material, or content thereon. You assume full responsibility and liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your access to, use of, or reliance on any element of such link or third-party site or resource. Your interactions with organizations and/or individuals found on or through the Website and/or the Service, including users, Renters, and/or Owners, and including payment for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any user, Renter, and/or Owner, or any other party or third-party. We do not control such parties, third-parties, or any other website and are not responsible for their actions, content or the privacy or other practices of any other website.
11. Payments between Renters and Owners.
Generally, upon confirmation of a Booking, the Renter will pay the Owner through a transaction facilitated by Company per the payment terms of the Booking. After the Booking term has been completed, the Owner will notify Company to release any security, damage, cleaning, key or other deposits (together “Deposit”) or any reasons for partial or complete Deposit forfeit. While Company will seek to help resolve any disputes or issues with Bookings, Company is not responsible for cancellation policy disputes or any other disputes between Owners and Renters.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders, attorneys, joint-ventures, employees, insurers, and other partners, harmless from any claim or demand, including attorney's fees, made by (i) any third party due to or arising out of Content you submit, post, transmit or make available to us, and (ii) any Renter, Owner, or third-party arising out of a Booking arranged via the Service and/or Website (including, without limitation, for damage to or loss of real or personal property, personal injury, the violation of any Law, or the breach of any lease or agreement relating to real property, including without limitation, the Booking).
13. No Resale of Service.
You agree not to reproduce, duplicate, copy, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, sell, resell or exploit for any commercial purpose, or any other purpose, any of the information or services obtained from the Website, including Content.
14. General Practices Regarding Use and Storage.
You acknowledge and agree that any account you may create on the Website is and remains our exclusive and proprietary property and that we have the license rights to the Content you post on the Website set forth in Section 9 hereof. We may establish general practices and limits concerning use of our Website, including but not limited to, matters pertaining to the time Content and other information will remain on our Website, limitations on what Content may be posted and when and how long we will retain it. We may at any time and in our sole discretion terminate, destroy or log off accounts for any reason whatsoever, including without limitation, due to an account remaining inactive for an extended period of time. We may update, revise or change these general practices, use and limits policies at any time, in our sole discretion, with or without notice. You shall have a continuing obligation to review these Terms of Service policies to inform yourself of any such modifications and our obligation, if any, to notify you of such changes shall be limited to maintaining customary link-enabled access to the updated Terms of Service on the Website.
15. Limitations on Service.
You acknowledge and agree that Company may establish limits concerning use of the Website and/or the Service, including the maximum number of days that Content will be retained by the Service or available on the Website, the maximum number and size of postings, or other Content that may be transmitted or stored by the Website, and the frequency with which you may access the Website. You understand that the technical processing and transmission of the Website, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree that Company has no responsibility or liability for the deletion or failure to store any Content, maintained or transmitted by the Website. You acknowledge that Company reserves the right at any time to modify or discontinue the Website and/or the Service (or any part thereof) with or without notice, and that Company shall not be liable to you or to any third party in any manner whatsoever for any modification, suspension or discontinuance of the Website and/or the Service.
You acknowledge and agree that we may terminate your account at any time, with or without notice and for any or no reason, in our sole discretion.
17. Dealings With Other Users and Advertisers.
Your dealings with other users, Renters, Owners, or advertisers found on or through the Website and/or the Service are solely between you and such other party. You agree that Company shall not be responsible or liable for any loss or damage whatsoever incurred as the result of any such dealings. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any user, Renter, Owner, advertiser, or any other party. We do not control such parties, and we are not responsible for their actions or inactions in any manner whatsoever.
18. Our Proprietary Rights.
You acknowledge and agree that the Content and software used by us, as well as the photos, graphics, text and other material appearing on the Website, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and Laws. Except as expressly authorized by us, you shall not modify, rent, lease, loan, sell, distribute or create derivative works based on anything found on our Website.
19. Disclaimer of Warranties.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (EXCEPT WHERE PROHIBITED BY LAW) YOUR USE OF THE WEBSITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (i) THE WEBSITE OR SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICE WILL MEET YOUR EXPECTATIONS,(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED OR THAT ANY PORTION OF THE WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
20. Limitation of Liability.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, SPONSORS, ADVERTISERS, PARENT AND AFFILATED ENTITIES, MEMBERS, PARTNERS, INSURERS, AFFILIATES, SUCCESSORS AND ASSIGNS (TOGETHER, "WE", “US”), SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BOOKINGS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR SERVICE; OR (v) ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION, INJURY OR LOSS TO PERSON OR PROPERTY, IN ANY WAY RELATING TO THE WEBSITE, THE SERVICE OR A BOOKING. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, COMPANY'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY CONTROLLING LAW. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS OF SERVICE, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST COMPANY WITH RESPECT TO THE TERMS OF SERVICE, THE WEBSITE OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THE WEBSITE.
YOU HEREBY RELEASE AND FOREVER DISCHARGE COMPANY, ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, SUPPLIERS, ATTORNEYS, INSURERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, DAMAGES, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING (TOGETHER “CLAIMS”), WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION, CLAIMS IN ANY WAY ARISING FROM OR RELATED TO BOOKINGS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY EXPRESSLY WAIVE AND DISCLAIM ANY RIGHTS UNDER CALIFORNIA CIVIL CODE 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." IF YOU ARE A RESIDENT OF A STATE WITH ANY SIMILAR LIMITATION ON RELEASES AND WAIVERS OF THIRD PARTIES, YOU HEREBY WAIVE AND DISCLAIM ANY RIGHTS UNDER ANY STATUTE OR COMMON LAW PRINCIPLE OF SIMILAR EFFECT IN THAT STATE TO THE MAXIMUM EXTENT ALLOWED BY LAW.
23. Trademark Information.
RedAwning.com, the RedAwning.com logo, trademarks and service marks, and other RedAwning.com logos and product and service names are trademarks of Company (the "Marks"). You agree not to display or use the Marks in any manner without the prior written permission of Company in each instance.
24. General Information.
Please report any violations of this Agreement to our Customer Service or email \[email protected].