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Privacy Policy

INNLINKR TERMS & Privacy

Introduction

Please read the following Terms of Service before using InnLinkr services. You, the user, are responsible for reviewing these Terms periodically, as they may change without notice to you.

Please take particular note of the local laws in your municipality. Some cities and towns have laws or ordinances that restrict the ability of Hosts to Host paying guests. Research your municipality’s zoning or municipal codes before participating in InnLinkr to make certain that you are complying with your local laws, regulations, and any registration requirements concerning innkeepers. Violating such laws or regulations may incur fines or other penalties. InnLinkr shall not be responsible for any damages to you created as a result of your violation of local law.

By using or accessing InnLinkr.com (the Website), a subdomain of this Website or any mobile application for this Website you acknowledge and agree that you are subject to the following terms and conditions, including our Privacy Policy and our Non-Discrimination Policy (collectively referred to as the “Terms”). Please read these Terms carefully, as they contain important information, including information about limitations of liability, resolution of disputes through arbitration rather than court, and prohibitions against discrimination.

 

By creating an account and using our Website, you agree to these Terms. If you do not fully agree to these Terms and any other terms and conditions posted or linked on our Website, you are not authorized to access or otherwise use the Website.

 

The Website is owned and operated by InnLinkr. Unless otherwise specified, the entity controlling the Website you are accessing is referred to herein as “InnLinkr,” “we,” “us” or “our”.  The term “you” refers to the user visiting the Website, listing a property, and/or requesting a reservation on this Website or from any authorized InnLinkr customer service agents.

These Terms constitute a legally binding agreement between you and InnLinkr.  You are not authorized to use this Website unless you are at least 18 years of age and able to enter into legally binding contracts.  We do not knowingly collect the information of anyone under the age of 18. If you arrived on the Website after having been redirected or otherwise clicking on another Website, you agree that these Terms shall govern your use of this Website.

 

1.    The Website is merely a venue and we are not a party to any Rental Agreement or other Transaction between users of the Website.

 

We urge all users to be responsible about their use of this Website and any transaction entered into as a result of either listing a property or renting a property.

We do not own or manage, nor can we contract for, any vacation rental property listed on a Website. The Website provides an online marketplace to allow homeowners and property managers who advertise on the Website (each, a “Host”) to offer for rent, in a variety of pricing formats, a specific vacation or short-term rental property to potential Renters or Renters (each, a “Renter” and, collectively with a Host, the “users”).

We also may offer online booking or other tools or services to allow users to communicate with each other and enter into rental agreements or other transactions.

 

We are not a party to any rental or other agreement between users.  This is true even if the Website allows you to book a rental or provides other ancillary products or services: we merely facilitate booking a rental or offer other tools, services or products.

Because InnLinkr acts as a facilitator and is not a party to rental agreements established through the Website, any actual or potential transaction between a Renter and a Host, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any Renter or property), the ability of Hosts to rent a vacation property or the ability of Renters to contract for properties are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers, or terms and conditions before making a booking or purchasing a product or service and InnLinkr or one of its affiliates may place additional restrictions on your booking, product or service.

 

Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Website, their use of any tool, service or product offered on the Website and any transaction they enter into on the Website or in connection with their use of the Website.

Hosts further agree that they are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to the listing of their rental property and the conduct of their rental business, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to rental properties listed on the Website, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.

 

Hosts who accept credit card, banking, or other payment information from Renters agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.

 

Although most travel is completed without a serious incident, travel to some destinations may involve more risk than others.  We urge Renters to research the location they wish to visit and to review travel prohibitions, warnings, announcements, and advisories issued by the United States government before booking.

 

While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions.  When we provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm or otherwise have any impact.

 

2.    Limited license to use the Website.

 

Users are granted a limited, revocable, non-exclusive license to access the Website and the content and services provided on the Website solely for the purpose of advertising a property, searching for a property, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or services offered on the Website, participating in an interactive area Hosted on the Website or for any other purpose clearly stated on the Website, all in accordance with the Terms.  Any use of the Website that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.

 

3.    Unauthorized uses of the Website.

 

The license to use the Website only extends to the uses expressly described herein.  The license to use the Website granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or any derivative use of the Website nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a Website or search engine or other service that provides classified listings or property rental advertisements, or any subset of the same or which is in the business of providing vacation property rental services or other services that compete with us.

 

Unauthorized uses of the Website also include, without limitation, those listed below.  You agree not to do or engage in any of the following, unless otherwise previously and specifically agreed to by us:

 

  • Any commercial use of the Website or any content on the Website, other than by Hosts in good standing, or by Hosts under a valid license to software offered on the Website (a “valid license”);
  • Any use of the Website or the tools and services on the Website for the purpose of booking or soliciting a rental of a property other than a property listed under a valid pay-per-booking product;
  • Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the content in any form whatsoever, except as specifically allowed herein or as needed to reasonably complete approved Website transactions allowed herein;
  • Reproduce any portion of the Website on your Website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Website (such as an “iframe”), or other framing technique to enclose any portion or aspect of the Website, or mirror or replicate any portion of the Website, without our express written permission or as allowed under clearly stated conditions associated with any current or future “widget” or approved badges or buttons created by and provided by us.
  • Modify or create derivative works from any content or any part of the Website;
  • Reverse engineer any part of the Website;
  • Use the Website and its inquiry or booking functionality other than to advertise and/or research vacation rentals, to make legitimate inquiries to our Hosts, or any other use expressly authorized on the Website;
  • Contact a Host or Renter directly with the intention of circumventing the Website’s inquiry or booking functionality or denying InnLinkr any compensation owed to us according to these Terms;
  • Use the Website to post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
  • Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material (the definition and application of any such terms shall be in our sole and absolute discretion);
  • Violate, plagiarize or infringe the rights of InnLinkr or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
  • Use or access the Website in any way that, in our sole discretion, adversely affects, or could adversely affect, the performance or function of the Website or any other system used by us or the Website.

 

If you are aware of, or experience, any content, activity or communication through or in connection with the Website that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us by contacting us as set forth under “Contact Us,” below.

 

4.    Proprietary rights and downloading of information from the Website.

 

The Website and all content and information on the Website are protected by copyright as a collective work and/or compilation, under applicable U.S. and international copyright laws and conventions and database rights.

You are responsible for any and all content you provide or upload to the Website, and the copyright ownership of such user-contributed content shall remain with you or the original rights-holder. We shall not be liable for any infringement of copyright, trademark, or other intellectual property rights committed by you in relation to any material or content you upload to the Website.  You agree to abide by any and all copyright notices, information or restrictions contained in or relating to any content on the Website. You agree to indemnify us against and not hold us liable for any intellectual property infringement committed by you against any third party in relation to your use of the Website or uploading user-contributed content to the Website.

We are the copyright and intellectual property owners of any and all other Website content, except as otherwise noted.

 

5.    Your e-mail address and data; our Privacy Policy; data transmittal.

 

When you provide your e-mail address, name, or other information to us in connection with your use of or access to the Website, any service or tool provided on the Website, or otherwise, you agree to allow the Website to add your e-mail address, name or other information provided to our database of users.

You may receive one or more promotional e-mails from either the Website or a website of one of InnLinkr’s affiliates. You are welcome to opt not to receive such promotional e-mails from the Website or such affiliates’ websites at any time.

Please review our Privacy Policy for more information regarding our email and other data collection practices and safeguards, and how to opt not to receive such emails. Your use of the Website signifies your acknowledgment of, and agreement with, our Privacy Policy, which is incorporated by reference herein.  We adhere to strong principles of privacy. You agree that we may access and use your user-contributed content in accordance with these Terms or our Privacy Policy and we agree that we will only disclose your user-contributed content in accordance with these Terms and our Privacy Policy.

 

6.    Identity verification.

 

Although we will make reasonable efforts to confirm that our users are who they say they are, we cannot and do not assume any responsibility for the confirmation of each user’s purported identity. We encourage you to communicate directly with a Renter or Host through the tools available on the Website, though even this does not assure you of the identity of the person with which you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity and, for Renters, of the property and relevant details of your booking or proposed booking.

 

You agree to keep your password and online ID for both your account with us and your email account secure and strictly confidential, to notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and notify us immediately if you are contacted by anyone requesting your online ID and password.  InnLinkr will never ask you for your password.

Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request.

 

We discourage you from giving anyone access to your online ID and password for your account with us and your email account.  However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed.

 

Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.

 

7.    Limitations on Communications and Use of Other Users’ Information; No Spam.

 

You agree that, with respect to other users’ personal information that you obtain directly or indirectly from or through the Website or through any Website-related communication, transaction, or software, we have granted to you a license to use such information only for: (i) Website-related communications that are not unsolicited commercial messages, (ii) using services offered through the Website, and (iii) inquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Website (such as inquiring about or booking a property or charging a personal credit card). Any other purpose will require express permission from the user.  You may not use any such information for any unlawful purpose or with any unlawful intent.

Hosts must give Renters the opportunity to know what data the Hosts have collected about them, and must remove Renters’ personal information from the address books or databases upon request of the Renter.

 

Under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss or unauthorized transfer of such information.

 

We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Website user, even a user who has rented a short-term property from you or to you, to your mailing list (email or physical mail) without the user’s express consent. You may not use any tool or service on the Website to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms.

 

8. Responsibility for property listings, reviews and other user-contributed content; participation in interactive forums.

 

We have no duty to pre-screen content posted on the Website by Hosts, Renters or other users, whether directly contributed by the user or contributed by us or a third party on behalf of the user (including, without limitation, property listings, reviews of a rental property or a Renter, participation in an interactive community, forum, or blog (each an “interactive forum”) or any other content provided by a user to the Website), (collectively, “user-contributed content”).  We are not responsible for user-contributed content. “User-contributed content” also includes information that a user or any other person provided to a third-party Website or mobile application that is then provided to our Website by a tool we offer or any other exchange of user-contributed content we have authorized.

 

We reserve the right to decline to permit the posting on the Website of or to remove from the Website any user-contributed content that fails to meet our social media content Guidelines, which are incorporated by reference into these Terms, any other guidelines posted on a Website or if it otherwise violates these Terms, each as determined in our discretion. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, have been apparently breached in respect of such content, as determined in our discretion.  Finally, we reserve the right, but do not assume the obligation, to edit a Host’s content or user-contributed content in a non-substantive manner solely to cause the content to comply with our social media content Guidelines or formatting requirements or to provide services to Hosts to create or improve listings (such as translation services), in accordance with information we have about the property listed.  Users remain responsible for reviewing their user-contributed content to ensure it is accurate and not misleading.

 

At a minimum, user-contributed content must (as determined by us in our sole and absolute discretion):

  • not infringe anyone’s rights, including but limited to copyright and rights of publicity and privacy, violate the law, or otherwise be inappropriate;
  • not include personal information of another that can be used to identify or contact any person;
  • not include unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations;
  • be directly related to the Website, business service, product or forum where the content is submitted;
  • not be obscene, abusive, discriminatory, or illegal; or
  • not be false, deceptive, or misleading.

 

All property listings on the Website are the sole responsibility of the Host (who may be the owner or a property manager or duly authorized agent of the owner) and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, reviews or any alleged breaches of contract on a user’s part.  Hosts are solely responsible for keeping their property information up-to-date on the Website, including, but not limited to, any and all representations about any property, its amenities, location, price and its availability for a specific date or range of dates.

We do not represent or warrant that any of the copy, content, Renter or property reviews, guestbook entries, property location, suitability, pricing, or availability information published on the Website is accurate or up-to-date even in the case where Renters have searched for specific dates or types of properties. Renters rely on information provided by Hosts in property listings on the Website at their own risk.

 

We also may from time to time create new descriptions or otherwise change the location or geographic descriptions we use to identify properties in their listings and search results.  Consequently, we may change the location or geographic description associated with any property listing at any time without notice.  However, we assume no responsibility to verify property listing content or the accuracy of the location. Hosts are solely responsible for ensuring the accuracy of location, geographic and other content and location or geographic descriptions and agree to promptly correct (or contact us to correct) any inaccuracy and Renters are solely responsible for verifying the accuracy of such content and descriptions.

 

All other user-contributed content is the sole responsibility of the user who contributed such content, whether such user contributed the content directly or through a third-party Website.  Users are solely responsible for their user-contributed content and we specifically disclaim all liability for user-contributed content. The user represents and warrants that the user owns or otherwise controls and has all necessary legal rights to the user’s submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input, or submit the user-contributed content. We reserve the right to request a proof of ownership or permission, and to refuse to post user generated content without such proof or if such proof is, in our sole discretion, insufficient.

 

By submitting or authorizing user-contributed content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, and royalty-free license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit the copy, the photographs, and the likenesses (if any) of any of your user-contributed content, in connection with our business or the business of our affiliates. Notwithstanding the foregoing, following the termination or expiration of a property listing, we will not continue to display the user-contributed content that was displayed in such listing.

 

You further grant us and our affiliates the ability to register copyright in and protect the user-contributed content, including the images, copy, and content available via any Host’s listing, from the unauthorized use of the user-contributed content by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means.  This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material on behalf of and in your name.  You further agree to appear and assist us—at our expense and control—with protecting such copyrighted material from unauthorized redistribution.

 

You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of the Host’s property listing or otherwise provide promotional or other services related to our business.

You retain rights of attribution, integrity, and any other moral rights in your own user-contributed content, however you affirm that you have no objection to the publication, use, modification, deletion, or exploitation of the user-contributed content by us or our affiliates.

 

9. Service fee payable by Renters.

 

We charge a service fee payable by Renters who book a property on the Website via the Website checkout. The service fee covers the use of the Website, including such features as 24/7 user support, and is calculated as a variable percentage of the total reservation amount (which may or may not include additional fees, taxes, and damage deposits). Depending on the laws of the jurisdiction of the Renter and/or Host, VAT may be charged on top of the service fee. The exact service fee (and any VAT, if applicable) charged will be displayed to Renters at the time of booking. The service fee plus applicable VAT will be charged after both the Renter and Host accept the reservation. The service fee will only be refunded in the event a Host accepts cancellation of the Renter’s reservation and refunds the entire rental amount.

Any taxes alleged to be owed by any taxing authority on the service fee are the responsibility of InnLinkr and Hosts have no responsibility for any such claimed tax liability. Hosts agree not to encourage or advise a Renter to avoid or circumvent the service fee charged by InnLinkr, including by consummating an agreement for rental outside of InnLinkr’s Website services.

 

10. Social media or third-party websites.

 

If the Website offers a tool or service that allows us to access or use any profile or other information about you that you have provided to Facebook or another third-party website (each a “social media website”) and you decide to use such tool or service, you acknowledge and agree that:

  • The information or content that is a part of your social media website profile, which you have designated as “public” (or a similar designation) (with such information or content and referred to herein as “social media content”), may be accessed and used by us in connection with the Website;
  • The social media content will be considered user-generated content under these Terms and both you and we shall have the same rights and responsibilities as you that we have with respect to user-generated content under these Terms;
  • In the event that the social media content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the social media website to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse, aside from, in our discretion, removing the content at your request; and
  • The operation of your profile and account with and on the social media website shall continue to be governed by the terms and conditions and privacy policy of such social media website.

 

11. Translations and maps.

 

If any user-contributed content created by Hosts or users is translated for display on the Website or any Website of any affiliate of InnLinkr, we cannot guarantee the accuracy or quality of such translation and the user is solely responsible for the review, verification and accuracy of such translation.

Maps provided on the Website that are provided by Google are subject to the Google Maps terms and conditions located at http://www.google.com/intl/en_us/help/terms_maps.html.

 

12.  Notification of infringement; DMCA policy.

 

We respect the intellectual property rights of others, and InnLinkr does not permit, condone or tolerate the posting of any content on the Website that infringes any person’s copyright. It is the intention of InnLinkr that these terms be in full compliance with the terms of the Digital Millennium Copyright Act (DMCA).

InnLinkr will terminate, in appropriate circumstances, to be determined in our own discretion, a Host or Renter who is the source of repeat infringement of copyright. Should you become aware of or suspect any copyright infringement on this Website, please refer to our procedures for Notification of Copyright Infringement (or DMCA policy), which are incorporated by reference into these Terms.

 

13.    Unsolicited ideas and feedback.

 

From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, Website or tool enhancements, processes, materials, marketing plans, or new product names.  We are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“submissions”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, Website, technologies, or marketing strategies, seem similar to any of your submissions. If you provide any submissions to us, you agree that: (i) your submission and its contents will automatically become the property of InnLinkr, without any compensation to you; (ii) InnLinkr may use or redistribute any such submission and its contents for any purpose and in any way; (iii) there is no obligation for InnLinkr to review any submission; and (iv) there is no obligation to keep any submission confidential.

 

14. Software available on the Website.

 

The Website is controlled and operated by InnLinkr or an affiliate of InnLinkr in the United States.  Software available on the Website (the “software”) is subject to United States export controls.  No software available on the Website or software available on any other Website operated by InnLinkr or an affiliate of InnLinkr in the United States may be downloaded or otherwise exported or re-exported (i) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods, or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.  By using the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

All software is the copyrighted work of InnLinkr, an affiliate of InnLinkr or an identified third party.  Your use of such software is governed by these Terms and the terms of any additional license agreement that accompanies or is included with such software.  If the software is not accompanied by an additional license agreement, we hereby grant you a limited, personal, and nontransferable license to use the software for viewing and using this Website in accordance with these Terms and for no other purpose.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.  COPYING OR REPRODUCING ANY SOFTWARE AVAILABLE ON THIS WEBSITE IS EXPRESSLY PROHIBITED, EXCEPT AS SPECIFICALLY PROVIDED FOR IN A LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

 

15.    Links to third-party websites.

 

This Website may contain links and pointers to other Internet websites, resources, and sponsors of the Website. Links to and from the Website to other third-party websites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party Websites or the contents thereof.  We may also provide tools to allow interaction between the Website and a third-party website, such as a social media website. We are not responsible in any way for such third-party websites or resources and your use of such websites and resources will not be governed by these Terms.

 

16.    Limitation of liability.

 

IN NO EVENT WILL INNLINKR, OR ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE “INNLINKR GROUP”), OR ANY THIRD-PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY WEBSITE OF A MEMBER OF THE INNLINKR GROUP (EACH A “THIRD-PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR WEBSITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE WEBSITE, TOOLS OR SERVICES WE PROVIDE, OR ANY THIRD PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE WEBSITE, BY YOU OR ANY THIRD PARTY, (E) ANY USER-CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR WEBSITE AND ANY THIRD PARTY WEBSITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA WEBSITE, FACILITATED BY A TOOL OR SERVICE ON OUR WEBSITE AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION ANY PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVES A FEE IN CONNECTION THEREWITH) BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY 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 MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

 

IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD PARTY PROVIDER OR ANY USER OF THE WEBSITE WITH RESPECT TO THESE TERMS OR THE WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE WEBSITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE INNLINKR GROUP, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.

 

17.    Disclaimers.

 

THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED WEBSITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS WEBSITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER-CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER-CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE WEBSITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED, OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.

 

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE WEBSITE.  WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THAT MAY BE OFFERED ON THE WEBSITE) THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE WEBSITE.

 

YOU FURTHER ACKNOWLEDGE THAT BY DISPLAYING INFORMATION OR PROPERTY LISTINGS IN PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK AND ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO TRAVEL TO ANY DESTINATION.

 

18.    Release; indemnification.

 

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT) OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA WEBSITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE EACH MEMBER OF THE INNLINKR GROUP, 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 WEBSITE.

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.”

 

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH MEMBER OF THE INNLINKR GROUP (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE WEBSITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE WEBSITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHTOUT LIMITATION ANY SOCIAL MEDIA WEBSITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM.

 

WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.

 

19.    Disputes; arbitration.

 

InnLinkr is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section. You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Website, any dealings with our customer experience agents, any services or products provided, any representations made by us, or our Privacy Policy (“claims”) by contacting InnLinkr Customer Support.

If we are not able to resolve your claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.

 

Any and all claims will be resolved by binding arbitration, rather than in court, except you may assert claims on an individual basis in small claims court if they qualify. This includes any claims you assert against us, our subsidiaries, users, or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms as a court would.

 

Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. If your total claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed upon location.

 

Any and all proceedings to resolve claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to these Terms. An arbitration decision may be confirmed by any court with competent jurisdiction.

 

20. Additional terms and conditions applicable to online booking.

 

In addition to being bound by the other terms set forth herein, users and Hosts who use online booking tools provided by us or a third-party provider on the Website enabling users to book and/or pay for the rental of properties online on the Website (collectively, the “reservation services”) are also bound by the following terms, which are in addition to any other terms applicable in connection with using the Website.  In addition, if such reservation services include payment or other services provided by a third-party provider, such services are subject to the additional terms and conditions and privacy policies of such third-party providers.

 

We provide reservation services to manage inquiries, quotes, and rental agreements and to allow for payments to be made relating to the rental.  Please review the following terms and the terms and conditions of any third-party provider carefully. If you do not agree to these or such third-party provider’s terms, you have no right to obtain information from or otherwise continue using our reservation services. Failure to use our reservation services in accordance with the following terms of use may subject you to severe civil and criminal penalties and other liability.

 

By utilizing a rental agreement as part of the reservation services or otherwise displaying terms relating to the rental as part of the online booking process (including such terms that we may require), the Renter and Host each agree to the terms and conditions set forth in the rental agreement or other such terms displayed in the booking process (including without limitation the cancellation refund policy) effective as of the date that the user indicates acceptance of the booking or rental agreement, as applicable. You hereby acknowledge and agree that (i) you are fully responsible for such terms and conditions, (ii) any rental agreement used, whether a sample provided by the Website or a rental agreement copied and pasted in our online booking tool by either party, is used solely at their own risk and expense, (iii) nothing contained in the reservation services, these Terms or any sample rental agreement is a substitute for the advice of an attorney, and (iv) that you have been hereby advised to obtain local legal counsel to prepare, review, and revise as necessary any rental agreements to ensure compliance with federal, state, and local law and their particular circumstances, and to revise the rental agreement as necessary to accurately represent the property, rules, features, and any other specific aspects of the rental that require particular attention.

 

 

21.  Responsibility for property and Renter liability.

 

We do not provide liability insurance protection for Hosts or Renters, regardless of whether a user obtains insurance coverage through one of our third-party providers. Users are solely responsible for obtaining insurance coverage sufficient to protect their properties and guests or their trip, as applicable.  Hosts agree that they have or will obtain the appropriate insurance coverage sufficient to cover the rental of the properties they list on the Website before the arrival of their first Renter and will maintain adequate insurance coverage through the departure date of any Renter they have obtained via our Website. Further, Hosts agree to provide us with copies of relevant proof of coverage upon request.

 

 

22.    General provisions.

 

To contact us for any reason, users can visit http://innlinkr.com/index.php/contact/.

 

These Terms are governed by the Federal Arbitration Act, federal arbitration law, and for reservations made by U.S. residents, the laws of the state and municipality in which your billing address is located, without regard to principles of conflicts of laws. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

 

Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms or your use of the Website.

Except as explicitly stated otherwise, any notices to us shall be given by postal mail to:

LinkrGroup, LLC 30 N. Gould St, Suite 10290 Sheridan, WY 82801

 

When we need to send you notice, it will be sent to the email address you provide to the Website during the registration or booking or inquiry process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical address provided to us during the registration process or as later updated in your account (if applicable). Notice shall be deemed given upon sending or mailing.

 

We may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Website without notice or liability.  This version of the Terms became effective on the date set forth above and this version amends the version effective before such date.  We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time.  Notification of any amendment will be posted on the Website by the indication of the last amendment date at the top of these Terms and will be effective immediately.

 

We also reserve the right, in our sole discretion and from time to time, to offer programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms.  In such cases, your use of the Website with respect to such special program is governed by these Terms together with the terms and conditions of such program, product or service.  We reserve the right, but assume no obligation, to agree to different or conflicting terms and conditions with respect to any user. Any such terms and conditions will not be enforceable unless specifically agreed to by us.

 

We do not separately file the Terms entered into by each user of the Website. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer. We may immediately terminate any user’s access to or use of the Website due to such user’s breach of these Terms or any other unauthorized use of the Website.  However, we do not guarantee that we will take action against all breaches of these Terms.  Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach.

 

These Terms constitute the entire agreement between us and you with respect to the matters set forth herein, and supersede any prior agreement between us and you with respect to your use of the Website.  Headings in these Terms are for reference only and do not limit the scope or extent of such section.  In the event of any conflict between these Terms and any other terms and conditions applicable to a product, tool or service offered on our Website, the Terms herein shall prevail.  If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect.  Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

 

We may assign these Terms in our sole discretion.  Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.

 

23.    Host eligibility; accuracy of information; listing practice requirements.

 

Our services may only be used by Hosts who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Each Host represents and covenants that all information submitted to us and to the Website during such Host’s registration with the Website shall be true and correct. Each Host further agrees to promptly provide notice to the Website by contacting us as provided above regarding any updates to any such contact information previously submitted by such Host to the Website.

 

In order to list a property on a Website, Hosts must comply with certain requirements including but not limited to:

  • Hosts must maintain an accurate reservation calendar on their listing(s);
  • Hosts with online booking agree to use commercially reasonable efforts to respond to all booking requests from Renters within 24 hours of receipt of a request for booking;
  • Hosts with online booking further agree to take commercially reasonable efforts to cause all Renter payments to be processed within 24 hours of authorization by the Renter for such payment;
  • Hosts with online booking must respond to and accept a commercially reasonable number of inquiries and booking requests received in the interest of the Renter experience; and
  • Hosts with online booking are prohibited from cancelling a commercially reasonable number of accepted bookings.

 

24.       Additional member representations.

 

Each Host represents and covenants that: (i) it owns and/or has all necessary rights and authority to offer for rent and to rent the property listed by such Host; (ii) it will not wrongfully withhold a rental deposit in breach of the underlying rental agreement; (iii) it will accurately describe the subject rental property, will not fail to disclose a material defect in, or material information about, a rental property and will upon request, or otherwise from time to time, review the property listing content and location or geographic description to ensure it is accurate and not misleading ; (iv) it will not wrongfully deny access to the listed property; and (v) it will not fail to provide a refund when due in accordance with the applicable cancellation policy or underlying rental agreement. In addition, if InnLinkr, through one of its guarantee or warranty programs and in its sole discretion, compensates a Renter for a loss caused by acts or omissions attributable to a Host, InnLinkr reserves the right to pursue the Host for the amount paid or contributed towards the loss.

 

Upon our request, each Host agrees to promptly provide to us such proof of personal identification, proof that the condition, location, or amenities associated with the property are accurately described in the listing, proof of ownership of the property listed on the Website, and/or proof of authority to list the property.

If you are a tenant who is listing a home, condominium, or apartment, please refer to your rental contract or lease, or contact your landlord, prior to listing the property to determine whether your lease or contract contains restrictions that would limit your ability to list your room, home, condominium or apartment.  Listing your home may be a violation of your lease or contract and could result in legal action against you by your landlord, including possible eviction. InnLinkr shall not be held responsible or liable for any damages caused to you by your breach of your lease or contract.

 

25.    Appearance in search results.

 

We cannot guarantee that your listing will appear in any specific order in search results on the Website. Search order will fluctuate based on a variety of factors such as search parameters, subscription level purchased, listing quality, how frequently a calendar is updated, Renter preferences, Host response time, reservation history, online booking capability, compliance with posted listing practice requirements, and other factors that we may deem important to the user experience from time to time (“best match”).  Listing appearance or order in any particular search result may also vary depending on the search criteria used by the particular Renter. We reserve the right to apply various search algorithms or to use methods to optimize best match results for particular Renters’ experiences and the overall marketplace. Listings placed on a non-subscription basis, such as pay-per-booking, may not always appear in search results. Listings distributed on third-party Websites are not guaranteed to display on such third-party Website in any particular order or at all.  Search results and order may appear different on InnLinkr’s mobile application than they appear on the Website. To optimize the search experience for both Hosts and Renters and improve the best match process, InnLinkr retains the right to run occasional tests that will be limited in duration but may alter how we display listings and search results.

 

26. Social media content, layout, and copy.

 

All content and copy edits submitted by Hosts 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 Host. All content must be in compliance with these Terms. We reserve the right to edit content submitted to the Website in a non-substantive manner solely to ensure that the content complies with our social media content Guidelines or formatting requirements.   Hosts are responsible for reviewing and ensuring that any content displayed on the Website appears as the Host intended.

 

27.    Photographs.

 

Photographs should depict the vacation rental as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information or images that would violate the privacy rights, intellectual property rights (including but not limited to copyright rights), or any other rights of a third party. We reserve the right to not display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.

 

By submitting a photograph to us, the Host represents and warrants that (a) it holds all necessary intellectual property rights (including but not limited to all copyright rights), (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Website, (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 it will indemnify and hold harmless the Website and any Host of the InnLinkr Group from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted or in the event of claims that the use of a photograph violates another party’s copyright.

 

It is the Host’s responsibility to obtain any and all permissions required to use, post and grant the foregoing rights in all photographic and other material used in its listings.  The Host warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request. Each Host further agrees that we may reproduce in whole or in part any photographic material supplied by such Host in the promotion of either such Host’s property or the Website.

 

28.    Uses of our trademarks or logos.

 

There are limited ways in which a Host may use our trademarks or logos in connection with a listing without specific prior written authorization.  The following are general guidelines.  It is usually permissible for you to refer to InnLinkr in your listing on the Website or in other permissible communications.

However, you may not refer to InnLinkr or any of our affiliates in any way that might lead someone to believe that your company, property, listing, or personal website is sponsored by, affiliated with, or endorsed by InnLinkr or one of our affiliates.  You may not use the InnLinkr name or one of our affiliates’ names on any other website that lists vacation rentals without our prior written authorization.

 

The InnLinkr name and logo and those of the InnLinkr Group and our affiliates are trademarks or registered trademarks in the United States and other jurisdictions around the world.  We generally do not permit the use of our names and logos, other than as described above or with our prior written authorization.

 

29.    Hypertext links.

 

We reserve the right to refuse hypertext links to, or addresses of, other websites from Hosts’ pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.

 

30.    Substitution of properties; advertising more than one property; property managers.

 

Each listing must relate to an individual and uniquely identified property, unless you purchased a listing package that expressly allows for substitution of properties. This means that:

 

  • The property in a listing may not be substituted for another property without our consent.  We may approve a request in our discretion if the property manager’s contract for the property was terminated and the Host provides sufficient proof, as requested by us, and completes any additional forms we may request.  The type and term of the listing for any substituted property shall be the same as the type and term of the originally-listed property (i.e., the term will not be extended past the original term). If a Host submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and may choose, in our sole discretion, to retain any fees associated previously existing listing as compensation for the violation of this condition.
  • The listing cannot be a mere example of properties in a given area.  Only one property can appear on each listing, unless it is a property with multiple rental units and additional listings are purchased.  We reserve the right to amend the copy or remove any listing when more than one property is described in such listing, and may choose, in our sole discretion to retain any fees associated such non-conforming listing as compensation for the violation of this condition.

 

31.    Payment method requirements; bank and credit card fees.

 

No Host may request any Renter to mail cash, or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a property rental transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the Website may result in the immediate removal of the non-conforming listing from the Website without notice to the Host and without refund.  From time to time, we may become aware of users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method.

 

Users’ bank or credit card companies may impose certain fees or charges, including, but not limited to, foreign transaction fees, related to any rental of a property.  It is the user’s obligation to review any agreement with its bank or credit card company concerning any such fees.

 

32.  Additional terms applicable to pay-per-booking listings.

 

Pay-per-booking listings are subject to the additional terms, conditions and requirements set forth during the registration for such listing, including those of our third party providers.  Online booking and payments is required for all pay-per-booking listings.  Online payments provided by third-party providers are subject to the terms and conditions and privacy policies of such providers.

 

Any bookings already made prior to conversion shall remain subject to applicable pay-per-booking fees. Cancellation policies are required for all pay-per-booking listings, and requirements for such cancellation policies shall be displayed through the “List Your Property” tab of the Website offering the pay-per-booking listing.

 

35.  Distribution of listings to third party websites.

 

To enable Hosts to obtain broader distribution of their properties, we may provide your listing information and content, or otherwise provide for the distribution of your listing on a third-party website.  Additional terms and conditions may apply to such distributions, as we may notify you of via your owner dashboard or email.

 

36. Termination of listings; other remedies.

 

If, in our sole discretion, any Host submits unsuitable material to our Website or into our database, is not abiding by local rental regulations and is creating a nuisance in its community, misuses the Website or our online system or is in material breach of these Terms, we reserve the right to limit the Host’s use of the Website, impact the Host’s listing(s) search position, and/or terminate such Host’s listing 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 Host’s listing or rental practices that, in our sole discretion, warrants the immediate removal of such Host’s listing from the Website (for example, and without limitation, if a Host double-books a property for multiple Renters on the same date, or engages in any practice that, in our sole discretion, would be considered deceptive, unfair or improper within the vacation rental industry or in an online marketplace for vacation rentals, if we determine or suspect that the Host’s payment-related practices or procedures are not secure, legal or otherwise proper, or if we receive a complaint that any listing’s content infringes on the rights of a third party), then we may immediately terminate such Host’s listing(s) or subscription(s) without notice to the Host and without refund.  We assume no duty to investigate complaints.  Finally, if any Host is abusive or offensive to any employee or representative of the InnLinkr Group, we reserve the right to terminate such Host’s listing(s), account(s), or subscription(s) immediately without refund.

 

In addition to reserving the right to terminate any listing, InnLinkr reserves all rights to respond to any violation of the Terms or misuse of the Website by, including, but not limited to, hiding a listing from the search results, marking a Host as “out of office,” and removing or changing information that may be false or misleading.

 

Additionally, you agree to defend and indemnify InnLinkr, its affiliated companies, and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • your breach of these Terms or the documents referenced herein;
  • your violation of any law or the rights of a third party; or
  • your use of this Website.
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