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The YearRoundRentals.com Web site is an interactive online service operated by YearRoundRentals.com or subsequent assigns. YearRoundRentals.com offers users information services and content provided by YearRoundRentals.com their affiliates and other information and service providers. (View our Privacy Statement.)
We currently provide users with opportunity to provide and access information about available residential rentals opportunities, (herein the "Service"). The services are provided "AS-IS" We assume no responsibility for information posted on this site originated by others, including, but not limited to users and advertisers.
You are responsible for any and all costs associated with accessing this site.
WE DO NOT SCREEN ALL POSTINGS AND HAVE NO WAY OF INDEPENDENTLY VERIFYING THE INFORMATION GIVEN TO US 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.
User Agreement. In order to protect the interests of all of our users, as well as those of our information and service providers, we ask that you abide by the following rules. By registering as a user or by using this YearRoundRentals.com site (the "Service"), you hereby agree to be bound by all of the following terms and conditions ("Terms of Service" or "TOS").
Termination of Service. You understand and agree that in YearRoundRentals.com’s sole discretion, and without prior notice, YearRoundRentals.com may terminate your access to this web site and the Service or exercise any other remedy available and remove any unauthorized User Content, if YearRoundRentals.com believes that your use of the Web site, Service and/or any User Content you provided has violated or is inconsistent with these Terms of Service, violated the rights of YearRoundRentals.com, another User or the law. You agree that monetary damages may not provide a sufficient remedy to YearRoundRentals.com for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. YearRoundRentals.com is not required to provide any refund to you if you are terminated as a User because you have violated these Terms of Service.
Cancellations
You may cancel your YearRoundRentals.com subscription at any time by Emailing Us and requesting that we deactivate your account.
YearRoundRentals.com in its sole discretion shall determine your compliance with the foregoing guidelines and reserves the right to delete from the Sites without prior notice any material that it deems to be non-complying or otherwise objectionable for any reason. YearRoundRentals.com may take any action with respect to the Material if YearRoundRentals.com believes, in its sole discretion, that the Material may create liability for itself or any third parties or may cause YearRoundRentals.com to lose (in whole or in part) the services of its ISPs, vendors or advertisers.
Other Restrictions on Use. You shall comply with all laws and regulations applicable to your use of the Services, the Sites, and the Material. You are not permitted to use YearRoundRentals.com's name, URL, trademarks or other material in any manner, including, without limitation, in connection with "spam" email messages or newsgroup postings. For the purposes of these Terms of Use, "spam" has the meaning generally understood among Internet users, and includes without limitation unsolicited electronic mail advertisements. You may not impose an unreasonable or disproportionately large load (as determined by us in light of the load imposed by other users generally) on YearRoundRentals.com's infrastructure. You may not use any "bot" or other automated repetitive or iterative mechanism or the like to gain any sort of benefit from YearRoundRentals.com or any of its business affiliates.
Any third-party sites to which the Sites may link are not under YearRoundRentals.com's control, and YearRoundRentals.com does not assume any responsibility or liability for any information, content, communications or materials available on such third-party sites. Absent express language to the contrary, YearRoundRentals.com does not intend links contained on the Sites to be referrals to, or endorsements of, the linked third-party sites or the entities that operate them, and such links are provided for convenience only.
Copyright Notice and Limitations on Use. All of the information, content and services (collectively, the "Content") within this Service are protected by copyright and other intellectual property laws. The Content is owned by YearRoundRentals.com and its affiliated companies, licensors and suppliers. The Content is intended for personal use only. While you may interact with or download a single copy of any portion of the Content for your personal, noncommercial entertainment, information or use, you may not reproduce, sell, publish, distribute, modify, display, repost or otherwise use any portion of the Content in any other way or for any other purpose without the written consent of YearRoundRentals.com. Requests regarding use of the Content for any purpose other than personal, noncommercial use should be directed to Affiliates & Alliances, YearRoundRentals.com, P.O. Box 1132, Sandwich, MA 02536.
You acknowledge that the Content includes certain trademarks and service marks owned by YearRoundRentals.com including the name "YearRoundRentals.com" and certain logotypes, as well as trademarks owned by other information providers. You agree not to copy, use or otherwise infringe upon these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content.
If you operate a Web site and wish to link to the Service, you must link to the Service's home page unless permission otherwise has been granted in writing by YearRoundRentals.com. YearRoundRentals.com reserves the right to reject or terminate any links to the Content or the Service.
Interactive Areas. Given the nature of the Service and the volume of postings, YearRoundRentals.com may not monitor all of the material posted or transmitted by users and third-party information providers. While you agree that the Service will not be liable for such third-party content, YearRoundRentals.com reserves the right to delete, move or edit any communications or content that it deems in its sole discretion to be: violative of this Terms of Service; harmful to individuals or communities; obscene; defamatory; in violation of YearRoundRentals.com's or any third-party's rights; or otherwise unacceptable.
User Content. By placing material on or communicating with YearRoundRentals.com web site and the Service, you hereby grant to YearRoundRentals.com and its partners and affiliates and related entities (collectively, "the Partners") the royalty-free, perpetual, irrevocable, sublicenseable, nonexclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. You also agree to indemnify, defend and hold YearRoundRentals.com and the Partners harmless against any claims or costs, including attorneys' fees, arising from the use or distribution of those materials. You further grant YearRoundRentals.com and the Partners the right to use your name in connection with the reproduction or distribution of such material.
Unsolicited Materials. YearRoundRentals.com does not accept unsolicited materials or ideas for use or publication in its programming or in other digital, electronic or print media. YearRoundRentals.com and the Partners shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Service.
Prohibited Activities and Content. YearRoundRentals.com accepts photos of real estate only, photos including people or pets will be removed. Listing multiple rentals in one listing is expressly prohibited. The following is a partial list of the kinds of activities and content that are prohibited on or through the Service: (a) submitting content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting content that could be harmful to minors; (c) engaging activities or submitting content that harass or advocate harassment of another person; (d) engaging in activities that involve the transmission of "junk mail" or unsolicited mass mailing or "spam"; (e) engaging in activities or submitting content that promote information that is false, misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting content that contains restricted or password only access pages, or hidden pages or images; (g) submitting content that displays a person or pornographic or sexually explicit material of any kind; (h) submitting content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) engaging in activities or submitting content that solicit passwords or personal identifying information for commercial or unlawful purposes from other users; and (j) engaging in commercial activities and/or sales without our prior written consent; (k) that you will not impersonate any person or entity, including, but not limited to, any employee, officer or director of YearRoundRentals.com, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (l) that you will not forge headers or otherwise manipulate identifiers in order disguise the origin of any Content transmitted through the Service; (m) 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 (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (n) that you will not upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (o) that you will not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (p) that you will not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (q) that you will not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (r) that you will not intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; and (s) that you will not collect or store personal data about other users.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. 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.
We do not own any of the Content submitted by our users. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant us the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available to us, you grant us the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content and the irrevocable right to sublicense the Content with the sublicense 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 agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders, attorneys or other partners, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available to us.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any of the information or services from our site, including Content.
You acknowledge that we may establish general practices and limits concerning use of our site, including but not limited to matters pertaining to the number and size of emails, time Content and other information will remain on our site, limitations on what Content may be posted and when and how long we will retain it.
We may at any time destroy or log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
We have the right to modify or discontinue this service at any time. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Access to the Service. You agree that you will not: (a) use any robot, spider, other automatic device, or manual process to monitor or copy web pages or the Content contained in the Service or for any other unauthorized purpose without our prior expressed written permission; (b) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service and the YearRoundRentals.com web site; and (c) take any action that imposes an unreasonable or disproportionately large load on YearRoundRentals.com's hardware and software infrastructure.
YearRoundRentals.com Disclaimer: The information on rentals provided in this Service is supplied by the owners, managers, or other third parties, and YearRoundRentals.com and the Partners cannot and does not verify or warrant the accuracy or completeness of the information. The Service and materials contained herein are provided on an "as is," "as available" basis, and YearRoundRentals.com and the Partners make no representations or warranties, expressed or implied, to any actual or prospective lessee of any rental as to the existence, ownership or condition of the rental, or as to the accuracy or completeness of any information about the rental contained in this Service. You acknowledge that any reliance upon any such materials shall be at your sole risk. YearRoundRentals.com reserves the right, in its sole discretion, to correct any error or omission in any portion of the Service or materials. Any and all concerns, differences or discrepancies must be addressed with the owner, manager or other third party listing the rental. You agree to release, hold harmless and indemnify YearRoundRentals.com and the Partners from any and all liability arising from incorrect or incomplete information regarding any rental described in the Service.
YearRoundRentals.com and the Partners specifically disclaim any implied warranties, including the warranties of merchantability and fitness, for a particular purpose regarding any rental with information provided in this Service.
General Disclaimer and Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER YEARROUNDRENTALS.COM, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, PARTNERS, CONTENT PROVIDERS OR LICENSORS, MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE, THE CONTENT, ANY ADVERTISING MATERIAL OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, AND YEARROUNDRENTALS.COM AND THE PARTNERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT.
YEARROUNDRENTALS.COM, ITS AFFILIATES, EMPLOYEES, AGENTS, PARTNERS, CONTENT PROVIDERS AND LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SERVICE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE SERVICE; ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; OR ANY INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES. IN ANY EVENT, ANY LIABILITY OF YEARROUNDRENTALS.COM, ITS AFFILIATES, EMPLOYEES, AGENTS, PARTNERS, CONTENT PROVIDERS AND LICENSORS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.
Miscellaneous. YearRoundRentals.com reserves the right at its discretion to change these Terms of Service and will notify users of any such changes by online postings. Your continued use of the Service after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. The Service may modify, suspend, discontinue or restrict the use of any portion of the Service, including the availability of any portion of the Content at any time, without notice or liability.
These Terms of Service will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Service must be filed in the federal or state courts located in Barnstable Massachusetts within one year after the cause of action arises or the cause is barred. The failure of YearRoundRentals.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES THE SERVICE MAKES IN THESE TERMS, PLEASE EXIT THE SERVICE IMMEDIATELY.