WHISTLER ACCOMMODATIONS NOW - Administration |
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LISTING AGREEMENT
This is a legal agreement between you and Whistler Accommodations Now for the use of http://www.WhistlerAccommodationsNow.com (the “Web Site”). If you have any questions or concerns regarding any provision of this Agreement, you should contact us with your specific inquiry.
Whistler Accommodations Now has created the Web Site to provide a means by which property & business owners and / or managers, advertisers (“Owners / Advertisers / Landlords”) are able to list and advertise rental properties to potential online renters (“Renters / Tenants / Users”). This Agreement sets out the terms and conditions under which Whistler Accommodations Now will make use of the Web Site available to you. Whistler Accommodations Now has the right to make changes to the Web Site from time to time and at any time, without prior notice to you and without your consent.
WHISTLER ACCOMMODATIONS NOW DOES NOT AND SHALL NOT BE DEEMED TO PROVIDE LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE OR SERVICES. WHEN A RENTER USES WHISTLER ACCOMMODATIONS NOW’S SERVICE TO ENTER INTO A LEASE OR RENTAL AGREEMENT WITH A LANDLORD, WHISTLER ACCOMMODATIONS NOW TRANSFER THE RESPONSIBILITY TO THE LANDLORD TO FULFILL THE OBLIGATION TO SERVICE THE USERS. IN NO EVENT WILL WHISTLER ACCOMMODATIONS NOW 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 SERVICE, EVEN IF WHISTLER ACCOMMODATIONS NOW HAS 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 AND 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 RESPECT TO THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE SOLUTION IS TO DISCONTINUE USING THE WHISTLER ACCOMMODATIONS NOW SERVICES.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE WHISTLER ACCOMMODATIONS NOW AND ITS SERVICE PROVIDERS, AFFILIATES, PARTNERS, VENDORS, AND CONTRACTORS AND 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 YOUR USE OF THE SERVICE.
As part of our listing requirements, the Landlord is obligated to provide Rental Agreement / Rental Policies to the potential renters / tenants and inform them fully about the terms and conditions prior to making booking arrangements. By listing on Whistler Accommodations Now you fully accept the responsibility to provide accurate information to the users, responsibility to service and fulfill the renter's expectations and solve problems independently of Whistler Accommodations Now. You agree to indemnify and hold Whistler Accommodations Now and its affiliates harmless against all costs, expenses and losses arising out of a claim relating to the content of an advertisement. Owners / Advertisers are solely responsible for keeping their information up to date on Whistler Accommodations Now, including, but not limited to any and all representations about the property, its amenities, location, and its availability for a specific date or range of dates. Whistler Accommodations Now makes no representation or warranties that any of the copy or availability information published on Whistler Accommodations Now is accurate or up-to-date even in the case where visitors have searched for specific special offers, dates, or types of properties.
You agree to pay all applicable taxes that may arise from the use of the Web Site, except for those on Whistler Accommodations Now’s net income.
Listing fees are listed on http://www.whistleraccommodationsnow.com/content/whistler_advertising and are subject to change with or without notice. Listing fees must be fully paid prior to the listing or advertisement being posted on the Web Site. A renewal of an existing listing must be requested no later than 25th of the month prior to the expiration of the listing, in order to be considered a renewal and to qualify for the listing as of next 1st of the month.
Whistler Accommodations Now will not issue a refund for any listing which has already run, or for any pro-rated period for a listing which is currently running for a property that has already been leased or rented. If you have questions, concerns or require further information, please contact our customer support.
Whistler Accommodations Now does not warrant that the operation of the Whistler Accommodations Now site will be uninterrupted or error-free. We cannot be held responsible for any third party interruptions such as host downtimes, hacking or other threats deemed against our Site. In no event shall Whistler Accommodations Now be liable to the advertiser for any special, consequential, incidental or indirect damages, including lost profits.
By accepting these Terms and Conditions and by paying or posting a free listing on Whistler Accommodations Now, the Owner / Advertiser grants to Whistler Accommodations Now and its affiliates a fully paid up license to use the copy, the photographs, the likenesses (if any) on its website or the websites of its affiliates and grants Whistler Accommodations Now the ability to copyright and protect the images, copy, and information available via the Owner / Advertiser’s listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. Whistler Accommodations Now is not responsible for any infringement of copyright laws resulting from material supplied by the Owner / Advertiser and the Owner / Advertiser indemnifies Whistler Accommodations Now against any action brought for breach of copyright or other rights from the use of such material supplied by the Owner / Advertiser.
Whistler Accommodations Now reserves the right to add and to remove links or content on any part of our site without notice at our sole discretion. Should we feel that advertisers are applying unfair web practices we reserve the right to edit or completely remove the listing with no prior notice or consent. Our goal is to keep our site usage fair, relevant and spam free through regular maintenance.
Any and all Whistler Accommodations Now services and products are performable and/or sold in the Province of British Columbia, Canada, and you irrevocably agree that any cause of action you may submit will be filed in Vancouver, BC which will be the venue of any legal dispute. You also agree that any dispute will be governed by the laws of Province of British Columbia. |
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