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Website User Agreement (Homeowner and Guest)

08/01/2016 by admin

Ocean Lakes Rentals by Owner is NOT sponsored by or affiliated with Ocean Lakes Family Campground L.P., Ocean Lakes Properties, the Jackson Companies, or any of their subsidiaries.

GUESTS wanting to rent from Ocean Lakes Properties should NOT use this website.

HOMEOWNERS wanting to list with Ocean Lakes Properties should NOT use this website.

By using or accessing oceanlakesrentalsbyowner.com, Ocean Lakes Rentals by Owner Facebook Group, and Ocean Lakes Rentals by Owner Facebook Page, you acknowledge and agree that you are subject to the following terms and conditions, and policies and procedures, which governs your use of the website, group, or page listed above.  Please read these terms and conditions. and policies and procedures  carefully, as they contain important information about limitations of liability and resolution.

This is an advertising service. oceanlakesrentalsbyowner.com, Ocean Lakes Rentals by Owner Facebook Group, and Ocean Lakes Rentals by Owner Facebook Page, are advertising mediums only. We do not provide booking services or legal advice, and we are not real estate agents. We are not a party to any rental agreement or other transaction between users (homeowner and guest) of the website, group, or page listed above. We urge all users to be responsible about their use of this website, group, or page 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 the website, group, or page.

Responsibility. Homeowners 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 (local and state), rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance, compliance with all anti-discrimination and fair housing laws, and compliance regulations with Ocean Lakes Family Campground, as applicable.

Fraud. We take certain measures to avoid potentially fraudulent or illegal activity on oceanlakesrentalsbyowner.com, Ocean Lakes Rentals by Owner Facebook Group, and Ocean Lakes Rentals by Owner Facebook Page. We assume no liability for any vacation rental listing that has been copied, reproduced, uploaded, posted, displayed, republished, distributed or transmitted, in whole or in part, to any other group, website, craigslist, or other advertising platform. We are not obligated to take any certain measures or actions of those that we become aware. When warnings or messages to homeowners or guests about any such activity is made, we do not warrant that such messages are accurate or that such messages will reach any or all users (homeowner and guest) in a timely manner, or at all, or that such messages or measures will prevent any harm or otherwise have any impact. All guests are responsible for verifying the property owner and property location before entering into an agreement or making payment.

Disputes. oceanlakesrentalsbyowner.com, Ocean Lakes Rentals by Owner Facebook Group, and Ocean Lakes Rentals by Owner Facebook Page, will not be a party to, or offer resolution to, disputes between property owners and tenants.

Listing Accuracy/Information. oceanlakesrentalsbyowner.com, Ocean Lakes Rentals by Owner Facebook Group, and Ocean Lakes Rentals by Owner Facebook Page, is not responsible for any information provided in a vacation rental listing. We are an advertising service and provide the means for homeowners to advertise their vacation rentals. Homeowners are responsible for making sure their listing is accurate, honest, and up-to-date. Homeowners or their authorized agents are responsible for providing the appropriate rental agreement contracts.  Guests are responsible for verifying the ownership and location of the property, and for clarifying any questions or concerns with the homeowner, or the homeowners’ authorized agent, before agreeing to rent the property, and before sending payment for the property. All users (homeowner and guest) agree to hold oceanlakesrentalsbyowner.com, Ocean Lakes Rentals by Owner Facebook Group, and Ocean Lakes Rentals by Owner Facebook Page, harmless for any and all liability that arises out of, or results from, any inaccuracies in a listing, or any information provided directly by the homeowner to the guest.

Privacy/Use of Information.  oceanlakesrentalsbyowner.com, Ocean Lakes Rentals by Owner Facebook Group, and Ocean Lakes Rentals by Owner Facebook Page, collects contact information from vacation rental property homeowners for the sole use of promoting the vacation rental/s on our website, group, or page. We do not share personal contact information. We publish on the website, group, or page only the phone number/s, email address/s, and Facebook link/s, given to us by the homeowner so that guests can contact them directly.

Links. Links to this website, or any portion within, are welcome and encouraged. Links leading out of this website are the property of, and responsibility of, their respective owners. oceanlakesrentalsbyowner.com, Ocean Lakes Rentals by Owner Facebook Group, and Ocean Lakes Rentals by Owner Facebook Page, does not endorse, or assume responsibility for any content available at those external links.  Links directing guests to multiple property listing websites, or any website that contains multiple homes that are not also owned by the homeowner or listed on oceanlakesrentalsbyowner.com, are not permitted.

Payment. Payment must be made in full for a listing to appear on oceanlakesrentalsbyowner.com, Ocean Lakes Rentals by Owner Facebook Group, and Ocean Lakes Rentals by Owner Facebook Page. Payment can be made by Credit Card or PayPal.

Listing. Each property listing submitted for inclusion on oceanlakesrentalsbyowner.com, Ocean Lakes Rentals by Owner Facebook Group, and Ocean Lakes Rentals by Owner Facebook Page, shall be for a single vacation rental property only.

Right to Refuse/Terminate/Edit. oceanlakesrentalsbyowner.com, Ocean Lakes Rentals by Owner Facebook Group, and Ocean Lakes Rentals by Owner Facebook Page, reserves the right to edit or to not to display certain material on oceanlakesrentalsbyowner.com, Ocean Lakes Rentals by Owner Facebook Group, and Ocean Lakes Rentals by Owner Facebook Page.  It is our sole discretion and our right to terminate and/or refuse to publish any listing or post with or without cause. In the event that a website listing is refused, you will receive a full refund for the paid listing fee. In the event that a website listing is terminated without cause, you will receive a pro-rated refund for the time remaining on your listing. In the event that the listing is terminated for cause, the termination is without refund.  oceanlakesrentalsbyowner.com, Ocean Lakes Rentals by Owner Facebook Group, and Ocean Lakes Rentals by Owner Facebook Page, will not be held responsible for any loss of profit, or the potential of loss of profit, from an unpublished, terminated, refused, or edited website listing or Facebook post.

Function of Website/Individual listing. oceanlakesrentalsbyowner.com, Ocean Lakes Rentals by Owner Facebook Group, and Ocean Lakes Rentals by Owner Facebook Page, is available to all users (homeowners and guests) 24 hours a day, 7 days a week. We experience a high rate of up-time, but do from time to time need to take the website or individual listing down for maintenance. Maintenance downtimes can last from a couple of hours to a day or two, depending on the maintenance needed or required. Maintenance is done at the quietest times of the day and week, but some website or individual listing maintenance issues are unexpected, and a downtime cannot be predicted.  oceanlakesrentalsbyowner.com, Ocean Lakes Rentals by Owner Facebook Group, and Ocean Lakes Rentals by Owner Facebook Page, will not be held responsible for any loss of profit, or the potential loss of profit, from website or individual listing downtime, or any group or page downtime.

Terms/Conditions/Policies. oceanlakesrentalsbyowner.com, Ocean Lakes Rentals by Owner Facebook Group, and Ocean Lakes Rentals by Owner Facebook Page, reserves the right to change our terms and conditions and policies and procedures at any time without notice. By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes. We encourage users to frequently check this page for any changes. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and to become aware of modifications.

Limitation of Liability

IN NO EVENT WILL OCEANLAKESRENTALSBYOWNER.COM,  OCEAN LAKES RENTALS BY OWNER FACEBOOK GROUP, OR OCEAN LAKES RENTALS BY OWNER FACEBOOK PAGE, BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR WEBSITE, INCLUDING BUT NOT LIMITED TO THE USE OF THE WEBSITE OR GROUP AND/OR ANY TRANSACTION BETWEEN USERS. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE MAXIMUM EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW AND 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. IF YOU ARE DISSATISFIED WITH THE WEBSITE, DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, WITH RESPECT TO THESE TERMS OR THE USE OF THE WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE WEBSITE, GROUP, AND PAGE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF  OCEANLAKESRENTALSBYOWNER.COM, OCEAN LAKES RENTALS BY OWNER FACEBOOK GROUP, AND OCEAN LAKES RENTALS BY OWNER FACEBOOK PAGE, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, GROUP, OR PAGE, IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE SIX MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, (B) $100.00 IN THE AGGREGATE OR (C) AS OTHERWISE PROVIDED IN THIS AGREEMENT.

Choice of Law and Forum

ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMABLE AND/OR SOLD IN THE COMMONWEALTH OF NORTH CAROLINA, UNITED STATES OF AMERICA, AND YOU IRREVOCABLY AGREE THAT ANY CAUSE OF ACTION IN CONNECTION WITH YOUR USE OF THE WEBSITE, GROUP, OR PAGE, OR PURSUANT TO THESE TERMS WILL BE FILED IN A COURT OF COMPETENT JURISDICTION IN CABARRUS COUNTY, NORTH CAROLINA, 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 COMMONWEALTH OF NORTH CAROLINA.

WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO AMEND THESE TERMS OF AGREEMENT, AND POLICES AND PROCEDURES, IN WHOLE OR IN PART, AT ANY TIME, WITH OR WITHOUT YOUR CONSENT, AND YOU ACKNOWLEDGE AND AGREE THAT YOUR CONSENT TO ANY AMENDMENT IS NOT REQUIRED, AND WILL BE EFFECTIVE IMMEDIATELY.