Terms of use for website visitors

THE FOLLOWING DESCRIBES THE TERMS BY WHICH HAWAIIAN BEACH RENTALS OFFERS YOU ACCESS TO OUR SITE AND SERVICES.

Welcome to the Website operated by Hawaiian Beach Rentals (hereafter referred to as "HBR," "we," "us," or "our"), a Nevada LLC. HBR maintains www.hawaiianbeachrentals.com (hereafter "Site"), as a service to our Visitors (our Site and such services, collectively, our "Services"). By using this Site, you agree to comply with and be legally bound by the following terms of use ("Terms"), whether or not you become a registered user of the Services ("Traveler"). Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from or otherwise continue using this Site. Failure to use this Site in accordance with the following terms of use may subject you to severe civil and criminal penalties. We reserve the right to modify these Terms or policies relating to the Services at any time, effective upon posting of an updated version of these Terms on the Site. You are responsible for regularly reviewing these Terms. By using this Site, you agree that the posting of new or revised terms and conditions on the Site will constitute adequate and constructive notice to you of any and all revisions and changes. Continued use of the Service after any such changes or after explicitly accepting the new Terms upon logging into the site shall constitute your consent to such changes.

More specific terms of Visitor's use of the Service are outlined to Visitor when they sign a contract with a Vendor. More specific terms of Vendor's use of the Service are outlined to Vendor when they sign up and agree to use the Service.

  1. THIS SITE IS A VENUE
    1. HBR's role in any transaction is limited to being an intermediary between the Owner or Property Manager and the Traveler. We do not own or manage, nor do we contract for, any vacation rental property advertised on the Site. Instead, the Site acts as a venue to allow owners and property managers who advertise on our Site (each, a "Vendor") to offer for rent a specific vacation rental property to potential renters (each, a "Traveler" and, collectively with a vendor, the "Users"). We may be an intermediary for a transaction between Travelers and Vendors and provide technology that relates to a rental booking, such as a tool to enable a traveler to enter into a transaction to rent a specific property directly from a vendor. As a result, any part of an actual or potential transaction between a Traveler and a Vendor, including the quality, safety or legality of the properties advertised, the truth or accuracy of the postings (including the content thereof or any property or traveler review), the ability of Vendors to rent a vacation property or the ability of Travelers to pay for vacation rental properties are solely the responsibility of each User.
      We are also not responsible for the condition of the vacation rental properties posted on our Site or the compliance with laws, rules or regulations that may be applicable to any vacation rental property in any jurisdiction.
      Finally, 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. In the event we do provide warnings or messages to Users about any such activity, we do not warrant that such messages or 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, result or action
    2. Identity Verification. We make no attempt to confirm, and do not confirm, any Vendor's purported identity. We do not endorse any Vendors who use or register for our Services. We do not investigate any Vendor's reputation, conduct, morality, criminal background, or verify the information that any Vendor submits to the Site.
    3. Release. By using the Site or Services, Visitors agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Visitors, Travelers or Vendors will be limited to a claim against the particular entity who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from HBR. You release HBR from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with Vendors or your experience as a Visitor or Traveler in connection with the Site. Further, you waive California Civil Code section 1542, which provides: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
  2. VENDOR TERMS OF USE
    1. Site Rules and Restrictions. In connection with your use of our Services, you must act responsibly and exercise good judgment.
    2. Disputes with Visitors and Travelers. Vendor is solely responsible for their interactions with Visitors and Travelers using the Site and Service.
    3. More specific terms of Vendor's use of the Service are outlined to Vendor when they sign up and agree to use the Service.
  3. PRIVACY. The Privacy Policy of HBR is available on the Site and is hereby incorporated by reference. You agree to abide by all terms set forth in the Privacy Policy. When you provide your e-mail address to us in connection with any service or tool provided on the Site, you agree to allow the Site and its affiliated websites to add your e-mail address to our database of users. You may receive one or more promotional e-mails from the Site. You are welcome to opt not to receive such promotional e-mails from the Site at any time.
  4. CONTENT
    1. You Grant HBR a License. By submitting any content (including without limitation, any photograph, words, pictures, or symbols) to our Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, sell, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created and for any purpose, subject to HBR's Privacy Policy. You represent and warrant that you have sufficient rights to grant us this license.
    2. Responsibility for User Contributed Content. We have no duty to pre-screen content posted on the Site by Vendors, Travelers or other Users (including, without limitation, reviews for any particular rental property), (collectively, "user contributed content") and we are not responsible for user-contributed content. 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, has/have been apparently breached in respect of such content.
      All property postings on the Site are submitted by the Vendor (who may be the owner or a property manager or duly authorized property manager or agent of the owner) and are the sole responsibility of the Vendor, and we specifically disclaim any and all liability arising from the alleged accuracy of the postings, property reviews, or any alleged breaches of contract on a Vendor's part. Vendors are solely responsible for keeping their property information up-to-date on the Site, 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, property reviews, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where prospective Travelers have searched for dates or types of properties. We reserve the right to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request if we determine, in our sole discretion, that we are required to respond to, or if it would be in our interests to, respond to such request.
    3. Copyright infringement. HBR does not permit, condone, or tolerate the posting of any content on the Site that infringes any person's copyright. Should you become aware of or suspect any copyright infringement on this Site, please report the alleged copyright infringement taking place on or through the Site. To make a report please complete a written DMCA Notice of Alleged Infringement (the "Notice") and email HBR at privacy@vacationrentalagent.com. Upon receipt of a Notice, HBR will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and/or termination of the Vendor's use of the Service in appropriate circumstances. Please note that a complainant may be liable for damages (including costs and attorneys' fees) if he or she knowingly makes a material misrepresentation that content is infringing.
  5. PHOTOGRAPHS. By electronically submitting a photograph through the Site, the Vendor represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (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 Site and all employees and independent contracts working for HBR from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted.
    It is the Vendor's responsibility to obtain reproduction permission for all photographic and other material used in its advertisements. The Vendor 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.
  6. PAYMENT
    1. The specific terms of payment for Travelers will be outlined in the agreement they sign with a Vendor to rent a specific rental.
    2. Cancellation and Refunds. If a Traveler cancels a confirmed reservation, Vendors will return funds in accordance with the cancellation policy outlined in the rental specific agreement between the Traveler and the Vendor.
    3. Cancellation and Refunds. If a Traveler cancels a confirmed reservation, Vendors will return funds in accordance with the cancellation policy outlined in the rental specific agreement between the Traveler and the Vendor.
    4. Privacy. Our privacy policy governs the handling, storage, and use of any information you submit to us, including credit card information. Please see Section 3 of these Terms for further information on this policy.
    5. Taxes. HBR does not do business as an owner, property manager or operator of any rental, nor is it a provider of rooms, lodging or accommodations. Neither does HBR own, sell, resell, furnish, provide, rent, re-rent, manage and/or control hotel rooms, motel rooms or any other lodgings or accommodations. HBR does not act as an agent for any providers or users of hotel rooms, motel rooms, or other lodging or accommodations. HBR merely makes available a marketplace for Vendors and Travelers to arrange for accommodations. HBR is not a contracting agent or representative of the Vendor or Traveler. Instead, HBR's role is solely to facilitate the availability of this marketplace for the Vendor and Traveler and to provide services related thereto, and any agreement for the use of any accommodations is solely between the Vendor and Traveler, and not HBR. Travelers understand that HBR is acting solely as an intermediary between Traveler and any Vendors with whom you choose to enter into a transaction. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. We cannot and do not offer tax advice to either Vendors or Travelers.
  7. PROPRIETARY RIGHTS
    1. Our Intellectual Property. Material on our Site (with the exception of Third-Party Content) is protected by rights of publicity, copyright, trademark, trade secret, and other proprietary rights and intellectual property laws as applicable. Except as expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material.
    2. Your Use of Our Intellectual Property. You may not systematically retrieve data or other content from our Site. You may not display any portion of our Site in a frame (or any content from our Site through in-line links) without our prior written consent, which may be requested by emailing us at privacy@vacationrentalagent.com.
  8. TERMINATION. We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services.
  9. MODIFICATION OF SERVICES. We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
  10. LEGAL COMPLIANCE. You shall use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations.
  11. DISCLAIMER OF WARRANTIES. IF YOU USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT HBR DOES NOT CHECK ANY TRAVELER, VENDOR, OR OTHER USER'S BACKGROUND OR RECORD. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  12. LIMITS ON LIABILITY. EXCEPT AS SET FORTH IN SECTION 15, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO WITH OUR SERVICES OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED U.S. DOLLARS ($100).
  13. INDEMNITY. You shall indemnify and hold us (and each of our officers, directors, and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Services or alleging facts or circumstances that, if true, could constitute your breach of any of these Terms. We will control any such defense and related settlement and you will reasonably assist us therewith at your expense.
  14. JURISDICTION AND VENUE. These Terms shall be interpreted in accordance with the laws of the State of Nevada and the United States of America, without regard to conflict-of-law principles. You and we agree to submit to the personal jurisdiction of a state court located in Clark County, Nevada. Any action brought against HBR shall be venued in Clark County, Nevada.
  15. ATTORNEY'S FEES. The prevailing party in any action brought under this agreement shall be entitled to reasonable attorney's fees and costs.

Your continued use of this Site and registration to use our Services is contingent upon your agreement to be bound by the foregoing Terms of Use.