Terms of Use and Conditions of ReserveMyHome, LLC
ReserveMyHome, LLC and partners a) VancouverRentalHomes.net and b) JIWA Law Corporation.
By using or accessing ReserveMyHome.com, or Reserve My Home ( the "Site"), you acknowledge that you agree to and
are subject to the following terms and conditions (the "Terms").If you do not fully agree to these Terms, you may not access or
otherwise use the Site. You should read through all the Terms carefully.The Terms constitute a legally binding agreement between you and
ReserveMyHome.com, LLC., ("we", "us" or "our").
1. The Site is a Venue .
1.1. We are not a party to any rental transaction. We are not a broker or
agentand we do not not, under any circumstances, for compensation or valuable consideration lease offer to lease, rent, offer to rent, or manage
owners or agents rental(s). ReserveMyHome is not a party to any agreement owner may make with renter or travelers. We do not own nor can we contract
for any vacation rental property listed on the Site. Instead, the Site acts as a venue to allow a member of our Site (each, a "member") to offer for rent, or to rent, in a variety of pricing formats, a specific vacation rental property to potential renters (each, a
"traveler" and, collectively with a member, the "users"). We are not involved
in the actual transaction between travelers and members even though we may from time to time provide tools, such as direct booking, that enable a
traveler to enter into a transaction to lease a specific property directly from the member of that property.As a result, the quality, safety or
legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property or testimonials review),
the ability of members to rent vacation property or the ability of travelers to pay for vacation rental properties are solely the responsibility of
each user.
2. Personal Use, Cancellation, Refund Policy, Fees, Chargebacks and Security Deposit Waiver.
2.1. Although we do charge a fee to members to advertise their vacation
rental properties on the Site, we do not charge travelers to access the Site and research listings.Accordingly, we grant users a limited,
revocable, non-exclusive license to access the Site to, as applicable, advertise vacation rental properties and/or research, view or make legitimate
inquiries to members regarding their interest in particular vacation rental properties for their personal use, all in accordance with these Terms.
Any other use of the Site is expressly prohibited.Importantly, this license does not include any right of collection, aggregation, copying,
duplication, display or derivative use of the Site 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 and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site,
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 engine" does not include a website or search engine or other service that provide classified listings or
property rental advertisements, or any subset of the same, or which is in the business of providing vacation property rental services.
2.2. Security Deposits, Booking and Sign Up Fees: During the Reservation Agreement
Period, ReserveMyHome will keep all funds received from renters and/or owners in a trust account which shall accrue interest to the benefit of
ReserveMyHome, LLC
2.3. RESERVEMYHOME'S FEES. All fees are in US Dollars. The fee for our service
is a per booking, per reservation set at 15% of the combined nightly rate. Our minimum booking fee is $100.00.
RESERVEMYHOME RENTER FEES:
- You the Renter agree and accept that ReserveMyHome may charge your credit card on file for the balance due per your reservation on or after the 45th calendar day prior to your reserved arrival date.
- Renter Processing fee; all renters pay a $39.99 processing fee to ReserveMyHome, LLC at the time a reservation is made.
- Any change to a reservation, if we can accomodate the change within 90 days before the arrival date by the Renter or Owner-Property Manager to a
reservation (i.e., arrival, departure) = a $39.00 fee from the Renter or Owner-Manager to ReserveMyHome, LLC paid by the person making the change.
- For cancellations made within 24 hours of a reservation or 91 days or more in advance of the reservation see 2.4 for details.
- Renter pays a $30.00 Security Deposit Waiver Fee instead of a large security deposit. See 2.5. for details.
2.3.1. Credit Cards and Chargebacks. We accept VISA, MASTERCARD and
AMEX credit cards from renters. Owner assumes the risk of any chargebacks. We will use are best practices to avoid chargebacks we receive for owners
booking(s), but if we are unsuccessful, You the owner/agent agree to reimburse ReserveMyHome the full amount deducted from our account less the total
fee earned on the reservation. We will only be liable, under any and all circumstances, for the total rental fee earned on the booking. For example, if
renter charges back the $1000 on a reservation we are entitled to a $150 booking fee, and we can not obtain chargeback from the credit company,
owner will reimburse ReserveMyHome $850, which is $1,000 - our $150 reservation fee.
2.4. Reserve My Home Refund And Cancellation Policy
This Reserve My Home Home refund and cancellation policy supersedes any and all refund and cancellation policies, by an Owner, Property Manager, Agent
or User: all deposits and booking fees (less a 50% cancellation fee retained by ReserveMyHome) are refundable for all cancellations made 91 calendar
days or more in advance of the arrival date. There are NO REFUNDS under any condition, circumstance, illness, or acts of nature (i.e. floods,
weather, earthquakes, flight cancellations, etc.) for cancellations made within 90 calendar days prior to your arrival date. There are no refunds
for late arrivals and or early departures.
No cancellations fees will apply to reservations cancelled within 24 hours of the booking date. To cancel your reservation without penalty you
must send Reserve My Home an email to; cancel@reservemyhome.com which must include your Transaction Number provided in your reservation
confirmation. Otherwise, the reservation will be considered final and subject to cancellation fees. NO EXCEPTIONS.
Double Bookings; You agree to pay a $100.00 cancellation fee within 5 business days and at the sole judgment of ReserveMyHome lose your membership and
access to ReserveMyHome.com website.
All sign up fees are non-refundable.
2.5. Security Deposit Waiver (SDW): The maximum limit of this waiver
of liability is $3,000 aggregate per Stay.
To view the Description of Coverage (DOC), click here.
TERMS OF WAIVER
As an enrolled Covered Guest under this plan, staying at a Reserve My Home property, you will not be obligated to pay for theft or damage to covered
real or personal property of the owner of the rental unit located within the rental unit that is occupied by the Covered Guest. If the Covered
Guest purchases this plan, the property manager waives the right to charge the Covered Guest for theft or damage to the unit as a result of your
inadvertent acts or omissions during the duration of the Stay.
The maximum limit of this waiver of liability is $3,000 aggregate per Stay.
CONDITIONS
The Security Deposit Waiver Program has certain conditions. The plan will not include liability for damage or theft resulting from:
- Acts of God;
- Intentional Acts of a Covered Guest.
- Gross negligence or willful and wanton conduct;
- Any cause, if the Covered Guest does not report the damage to Reserve My Home staff in writing using the plan forms provided, by the time the
Covered Guest checks out of the unit;
- Normal wear and tear;
- Theft without a valid police report;
- Damage caused by any pet or other animal brought onto the premises by a Covered Guest;
- This plan does not cover loss of use of the covered property;
- Coverage does not apply for theft or damage to any property owned by or brought onto the premises by a Covered Guest;
- Property Damage resulting from any motorized vehicle or watercraft operated by a Covered Guest.
DEFINITIONS
- Covered Guest: All registered guests and all persons booked to share the same unit of accommodations, who have elected to purchase the
Security Deposit Waiver Program and have paid the required plan cost.
- Stay: The stay at a Reserve My Home unit, from the date of Covered Guest's check-in to the date of checkout (maximum 90 days).
ADMINISTRATION PROCEDURE
All waivers of theft or damage will be administered by Reserve My Home staff at the property. Such staff will have the authority to determine the
nature and extent of damages, necessary repairs and eligibility for the waiver of liability described herein. The Covered Guest must report any
theft or damage to the unit or its contents to Reserve My Home staff by the time of checkout or any otherwise applicable damage waiver for such Covered
Guest will be void. Administrator has ultimate claim administration authority. Arbitration is required prior to litigation.
TERM OF COVERAGE
- The plan takes effect upon check-in or registration on the booked arrival date to a Reserve My Home unit, together with receipt of payment of the
plan cost at or before check-in.
- All coverage shall terminate upon normal checkout of the Reserve My Home unit or the departure of the Covered Guest, whichever occurs first.
WAIVER PROGRAM FEES ARE NON-REFUNDABLE
IMPORTANT NOTE: Payments for the Security Deposit Waiver Program will not be accepted after the guest has entered the Reserve My Home unit for
the beginning of their Stay. Violation of any condition of the terms of Reserve My Home voids SDW Program.
Reserve My Home provides the Security Deposit Waiver Program. The financial obligations of Reserve My Home to make the repairs or replacements
required under this Plan are insured by a policy issued by Virginia Surety Company, Inc.
IF YOU ACCEPT THIS PROTECTION PLAN, THIS DOCUMENT BECOMES PART OF AND IS ATTACHED TO THE LEASE AGREEMENT.
PLAN FEE:
$30.00/Stay 0-90 Days
This agency is compensated to provide this Waiver Program. Plan is designed by MDM Group Associates, Inc. Copyright: MDM Group Associates, Inc.
2001 Form#: SDW-FI-V Rev. 1/06
3. Proprietary Rights and Downloading of Information From the Site .
3.1. The Site is protected by copyright as a collective work and/or
compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.The text, files, images, photos, maps and other
materials on the Site (collectively, the " content") are only for your personal use.All content on the Site,
and the Site itself, is protected by copyright and database rights, and you will abide by any and all additional copyright notices, information, or
restrictions contained in or relating to any content on the Site.Copying or storing of any content for other than for your personal,
noncommercial use is expressly prohibited without the prior written permission from us or the applicable copyright holder.As part of the rental
inquiry process, for your own personal, noncommercial use and not for further distribution, you may download, display, and/or print one (1) copy of any
portion of the Site.
4. Unauthorized Use.
Unless otherwise provided within these Terms, or unless otherwise applicable law requires us to allow you to do so, you may not do any of the following
without our prior written consent:
Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
- Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border
environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the
Site;
- Modify, translate into any language or computer language, or create derivative works from, any content or any part of this Site;
- Reverse engineer any part of this Site;
- Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
- Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the
Site;
- Use the Site other than to advertise and/or research vacation rentals and to make legitimate inquiries to our members;
- Use the Site to make any false, fraudulent or speculative reservation or inquiry, or any reservation in anticipation of demand;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic
or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil
liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms;
- Post or transmit any information that constitutes or contains false or misleading indications of origin or statements of fact;
- Use or access the Site in any way that, in our sole discretion, adversely affects the performance or function of the Site, or any other computer
systems or networks used by us or the Site, or infringes on our copyright or any copyright of our members;
- Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of publicity or
privacy or any other proprietary rights;
- Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer
programming routines that may damage, interfere or attempt to interfere with, or intercept, the normal operation of the Site, or appropriate the
Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of any third
party; or
- Disguise the origin of any information or inquiry transmitted through the Site.
4.1. No Pets are not allowed in any of our properties unless
specified in writing. All properties are non-smoking unless otherwise noted.
Reserve My Home takes all reasonable steps to safeguard and to prevent unauthorized access to your information, Reserve My Home cannot and is not
responsible for the acts of anyone who may gain unauthorized access to Reserve My Home, and Reserve My Home makes no warranty, express, implied, or
otherwise, that Reserve My Home will prevent unauthorized access to your private information. In no event shall Reserve My Home be liable for any
claim, loss, liability or damages (whether consequential, direct, incidental, indirect, punitive, special, intentional, unintentional or otherwise)
arising out of, or in any way connected with, unauthorized access to your personal information, regardless of whether such damages are based on
contract, strict liability, tort or other theories of liability, and also regardless of whether Reserve My Home was given actual or constructive notice
that damages were possible.
ReserveMyHome and its affiliated companies and partners make reasonable efforts to ensure that Web site data entry is correct; however, fees,
properties, products, services, pictures, home descriptions and locations inclucing views and distances and information published on this and other
related Web sites may include inaccuracies or typographical errors. Bed configurations and bedrooms are not guaranteed. We try our best but do not
guarantee the accuracy of, and disclaim liability for inaccuracies relating to the pricing and general description of the vacation rental
properties displayed on ReserveMyHome.com (including, without limitation, photographs, property descriptions, amenities, pricing, etc.). We
reserve the right to provide accommodations of equal or greater value, at no extra charge, if it becomes necessary to relocate a guest or group should
a property become unavailable. Please be advised changes and improvements to descriptions and pricing may be made at any time and without notice.
4.2.Promises you make when
using our website and service.
You promise that you will abide by all of these Terms of Use, as they presently exist or as they may be later modified.
You promise that you will not use our website for any purpose that is unlawful or prohibited by these Terms, including without limitation posting or
transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material.
WE RESERVE THE UNCONDITIONAL RIGHT TO DENY ACCESS
ReserveMyHome.com retains the right to deny access to you or anyone else, in our sole and unrestricted discretion, for any reason, including for
violation of these Terms, or for no reason at all.
ALL PERMISSIONS TERMINATE UPON ANY VIOLATION
If you violate any of the Terms Of Use or the Owner-Member Listing agreement for our website, your permission to use our website immediately terminates
without the necessity of any notice.
If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the
above, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by sending an email to
info@ReserveMyHome.com.
5. Changes to Site.
5.1. We may change, suspend or discontinue any aspect of the Site at any
time, including the availability of any Site features, database, or content.We may also impose limits on certain features or services or restrict
your access to parts or all of the Site without notice or liability.
6. Your E-mail Address and Our Privacy Policy.
6.1. When you use the site to send an inquiry to a member, 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 either the Site or its affiliated websites.You are welcome to opt not to receive such promotional e-mails from the Site or its affiliates
websites at any time.Please review our Privacy Policy for more information regarding our information collection
practices and safeguards, and how to opt not to receive such emails.Your use of the Site signifies your acknowledgement of and agreement with our Privacy Policy.
7. Data Transmittal.
7.1. Each user acknowledges and agrees that, regardless of such user's
physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States.
8. Identity Verification.
8.1. User verification on the Internet is difficult and we cannot and do
not confirm each user's purported identity.We encourage you to communicate directly with a traveler or member through the tools available on the
Site.
8.2. You agree to (i) keep your password and online ID secure and
strictly confidential, providing it only to authorized users of your account, (ii) instruct each person to whom you give your online ID and password
that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe
your password may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID
and password. When you give someone your online ID and online password, you are authorizing that person to access and use your account, and you
are responsible for any and all transactions that person performs while using your account, even those transactions that are fraudulent or that you did
not intend or want performed.
8.3. EACH USER ACKNOWLEDGES AND AGREES THAT: (X) NEITHER THE SITE NOR ANY
OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER'S PASSWORD THAT OCCURS BEFORE SUCH USER HAS
NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (Y) THE UNAUTHORIZED USE
OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE SITE AND OTHER USERS. Further, we may suspend or cancel your
listing at any time even without receiving notice from you if we suspect that your password is being used in an unauthorized or fraudulent
manner.
9. Limitations of Use of Other User's Information; No Spam.
9.1. You agree that, with respect to other users' personal information
that you obtain through the Site or through any Site-related communication or any Site-facilitated transaction, we have granted to you a license to use
such information only for: (a) any Site-related communications that are not unsolicited commercial messages, (b) using services offered through the
Site, (c) facilitating a financial transaction between you and the other user (such as an on-line booking or charging a personal credit card) and (d)
any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for.In all cases, you must give users
an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In
addition, under no circumstances, except as defined in this provision, can you disclose personal information about another user to any third party
without both our consent and 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.
9.2. We do not tolerate spam. Therefore, without limiting the foregoing,
you are not licensed to add a Site user, even a user who has rented a vacation property from you or to you, to your mailing list (email or physical
mail) without the user's express consent.
10. Use of Email Tools.
10.1. You may not use the "Email This Item to a Friend" service or other email services
that we may offer to send spam or otherwise send content that would violate these Terms.
11. Responsibility for user-contributed content.
11.1. We have no duty to pre-screen content posted on the Site by members, travelers or
other users (including, without limitation, reviews of or testimonials entries for any particular rental property), (collectively, "user-contributed
content"), and we are not responsible for user-contributed content.We do, however, reserve the right to decline to permit the posting on the Site
of, or to remove from, any user-contributed content that fails to meet our content requirements. We may also remove user-contributed content if it is
brought to our attention, such as by notice given to us by a user under Clause 4 or 17 of these Terms or by a third party, that Clause 4 of these
Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of that user-contributed content .
11.2. All property listings on the Site are submitted by the member and are the
responsibility of the member, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, property reviews,
testimonials entries, or any alleged breaches of contract on a member's part.Members 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, 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, testimonials
entries, 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 specific special offers, dates, or types of properties.Members are solely responsible for ensuring the
accuracy of any property descriptions.However, we reserve the right at all times to disclose any information as permitted by prevailing law to
satisfy any law, regulation or government request.
11.3. Photographs: All printed (paper based) photographs submitted to Reserve My Home by the owner will be
discarded after we have scanned them into our electronic database. (Sorry, but we can neither return them nor keep copies of paper photographs on
file.) Every effort will be made to reproduce faithfully all photographs submitted, but Reserve My Home cannot be held responsible for any loss
or damage or otherwise resulting from errors or omission. By submitting a photograph either electronically through our website or by mailing a paper
based photograph to our offices, the member is representing an warranting that (a) he holds all intellectual property rights with respect to each
submitted photograph, or (b) he has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement,
and (c) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement, and (c) that the
photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that
photograph and (d) that he will indemnify and hold harmless Reserve My Home and its affiliates from any cause of action arising from any
misrepresentation with respect to any and all the photographs so submitted.
12. LIMITATION OF LIABILITY.
12.1. IN NO EVENT WILL RESERVEMYHOME BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR
PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE WEBSITE, EVEN IF RESERVEMYHOME HAS BEEN ADVISED OF
THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2)
BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS
ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER
DISPUTE OR CLAIM WITH OR AGAINST RESERVEMYHOME WITH RESPECT TO THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE WEBSITE.
FURTHER, RESERVEMYHOME ACCEPTS NO RESPONSIBILITY FOR ANY DAMAGE AND/OR DELAY DUE TO RENTER CANCELLATIONS, SHORTAGES, SICKNESS, PILFERAGE, LABOR
DISPUTES, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER OR ANY OTHER CAUSES BEYOND RESERVEMYHOME'S CONTROL. NO RESPONSIBILITY IS
ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR ACTS OF ANY GOVERNMENTAL AUTHORITY. RESERVEMYHOME SHALL NOT BE RESPONSIBLE FOR ANY
SERVICE PROVIDER'S BREACH OF ANY WARRANTY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR OF
MERCHANTABILITY; NOR SHALL RESERVEMYHOME BE RESPONSIBLE FOR ANY OTHER WRONGDOING OF A SERVICE PROVIDER (INCLUDING ANY LIABILITY IN TORT), AS TO ANY
SERVICES AVAILABLE THROUGH THIS SITE. RESERVEMYHOME SHALL NOT BE RESPONSIBLE FOR ANY SERVICE PROVIDER'S FAILURE TO COMPLY WITH THESE TERMS AND
CONDITIONS, NOR FOR ANY SERVICE PROVIDER'S FAILURE TO COMPLY WITH APPLICABLE FEDERAL, STATE AND LOCAL LAW.
13. DISCLAIMER.
13.1. THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, 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 SITE OR THE
MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, 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 SITE OR ANY
LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED
THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
13.2. YOU ACKNOWLEDGE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY
OTHERS.YOU ACKNOWLEDGE THAT BY SUBMITTING COMMUNICATIONS TO US AND BY POSTING INFORMATION ON THE SITE, NO CONFIDENTIAL, FIDUCIARY,
CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
14. RELEASE.
14.1 . YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE RESERVEMYHOME AND ITS SERVICE
PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND
LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF
ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING,
WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE. IF YOU ARE A
CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH
THE DEBTOR." IF YOU ARE A RESIDENT OF A STATE WITH ANY SIMILAR LIMITATION ON RELEASES AND WAIVERS OF THIRD PARTIES, YOU HEREBY WAIVE ANY STATUTE OR
COMMON LAW PRINCIPLE OF SIMILAR EFFECT IN THAT STATE TO THE MAXIMUM EXTENT ALLOWED BY LAW.
15. INDEMNITY.
15.1. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE SITE AND ANY OWNER, MANAGER OR MEMBER OF THE RESERVEMYHOME GROUP (COLLECTIVELY, THE "INDEMNIFIED
PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION AND OTHER LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN
CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE ( INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION
OR ANY OF YOUR USER-CONTRIBUTED CONTENT), ANY CONTENT POSTED BY YOU OR OTHER USERS OF YOUR ACCOUNT TO THE SITE 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.
16. CHOICE OF LAW AND FORUM.
16.1. ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMABLE AND/OR SOLD IN THE STATE OF NEVADA, UNITED STATES OF AMERICA, AND YOU IRREVOCABLY
AGREE THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THESE TERMS WILL BE FILED IN WASHOE COUNTY,
NEVADA WHICH WILL BE THE VENUE OF ANY LEGAL DISPUTE.YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE
STATE OF NEVADA.
17. Notification of Claims of Infringement.
17.1. If you believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise violated, please notify our agent for claims of copyright or other intellectual
property infringement at: info@ReserveMyHome.com or ReserveMyHome.com, LLC. 880 Northwood Blvd., Ste. RMH, Incline Village, NV 89451.Please include the following in your notice:
(a) identify with specific detail the material on the Site that you claim is infringing; (b) a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent or the law; (c) a statement by you declaring under penalty of perjury that (i) the
above information in your notice is accurate, and (ii) you are the owner of the copyright interest involved or that you are authorized to act on behalf
of that owner; (d) your physical address, telephone number and email address; and (e) your physical or electronic signature.We will thereafter
remove the allegedly infringing content, subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA). If you see or
experience any user-contributed or other content, activity or communication through or in connection with the Site, that appears to infringe any
requirement of these Terms, we would like you to inform us at info@ReserveMyHome.com .We rely upon users to notify us of
infringing content, activity and communications.
18. No Agency.
18.1. Our relationship is that of independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.
19. Notices.
19.1. Except as explicitly stated otherwise, any notices shall be given (in the case of you
contacting us) by email to info@ReserveMyHome.com or by postal mail to:
ReserveMyHome.com, LLC.
Attn: General Manager
880 Northwood Blvd., Ste. RMH
Incline Village, NV 89451
or, when we need to send you notice, to the email address you provide to the Site during the registration process (in your case, and as
applicable).Notice shall be deemed given upon receipt or 24 hours after email is sent, 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 address provided
to us during the registration process (as applicable).In such case, notice shall be deemed given three days after the date of mailing.
20. Amendments.
20.1. We reserve the right, in our sole discretion, to change, modify, add or remove any
portion of these Terms, in whole or in part, at any time.Notification of changes to these Terms will be posted on the Site and will be effective
immediately thereafter.Your continued use of the Site following the posting of any such change, modification or amendment will constitute your
acceptance thereof.
21. Links to Third-Party Sites.
21.1. This Site may contain links and pointers to other Internet sites, resources, and
sponsors of the Site.Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us
of any third-party sites or the contents thereof.
22. Your Record of These Terms.
22.1. We do not separately file the Terms entered into by each user of the
Site.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.
23. Miscellaneous.
23.1. These terms constitute the entire agreement between us and you with respect to your
use of the Site.We may immediately terminate any user's access to or use of the Site due to such user's breach of these Terms or other
unauthorized use of the Site.Any cause of action you may have hereunder or with respect to your use of the Site must be commenced within one (1)
year after the claim or cause of action arises.Our failure to exercise or enforce any right or provision of these Terms shall not constitute a
waiver of any such right or provision.If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof,
to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of
these Terms including but not limited to the Reserve My Home owner-manager listing agreement shall continue in
full force and effect.
24. Attorney's Fees.
24.1. I n the event of litigation relating to the subject matter of this Agreement, the User shall reimburse ReserveMyHome.com for all reasonable
attorney fees and costs resulting therefrom.
