LEGAL DISCLAIMER:

BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE ANY PART OF THE SERVICE.

The official Direct Home Rentals website and all pages linked to it or from it, are PROVIDED ON AN AS IS, AS AVAILABLE BASIS. DIRECT HOME RENTALS MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY INFORMATION OR USE OF INFORMATION CONTAINED IN THE WEBSITE, OR LINKED FROM IT OR TO IT.

You represent and warrant to Company that: (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement; (b) you shall comply with all terms and conditions of this Agreement, including, without limitation, the Acceptable Use Policy set forth; and (c) if requested, you have provided accurate and complete registration information, including without limitation, your legal name, address and telephone number.

Ownership

You acknowledge that any and all content on the DirectHomeRentals.com website, as well as any e-mail communications generated from the Service, (collectively, the Content) is and shall remain the property of the Company and its licensors. Any and all Content may not be used, copied or modified by you without the express written permission of the Company.

Acceptable Use Policy

You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Service, which includes, without limitation, use of the Service to: (a) disseminate or transmit unsolicited messages or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (g) disseminate or transmit viruses, trojan horses or any other malicious code or program; or (h) engage in any other activity deemed by the Company to be in conflict with the spirit or intent of this Agreement.

Direct Home Rentals assumes no responsibility for the accuracy of information contained in the ads herein. Information contained in advertisements is neither confirmed nor warranted by the Direct Home Rentals. Confirmation of information located herein is the responsibility of the customer.

Direct Home Rentals does not warrant or guarantee the accuracy, adequacy, quality, currentness, completeness, or suitability of any information for any purpose; that any information will be free of infection from viruses, worms, Trojan horses or other destructive contamination; that the information presented will not be objectionable to some individuals or that this service will remain uninterrupted. Direct Home Rentals, homeowners and agencies are not responsible for typographic errors; and rates and conditions are subject to change without notice.

No Liability:

Direct Home Rentals, its agents or employees shall not be held liable to anyone for any errors, omissions or inaccuracies under any circumstances. The entire risk for utilizing the information contained on this site or linked to this site rests solely with the users of this site. For the avoidance of doubt, your use of DirectHomeRentals.com to search for or inquire about properties makes you subject to our terms and conditions. Direct Home Rentals is not a party to any transaction between you and one of our advertisers and you specifically agree to release and hold Direct Home Rentals and its Affiliates harmless from any cause of action arising from your transaction with one of our advertisers. 4) Limitation of Liability. IN NO EVENT WILL Direct Home Rentals 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 Direct Home Rentals 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 DIRECTHOMERENTALS.COM WITH RESPECT THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

The accuracy of all listings is not warranted or guaranteed. This information should be independently verified if any person intends to engage in a transaction in reliance upon it. The correctness, completeness or suitability of all listings is not the responsibility of Direct Home Rentals, or any other party responsible for the hosting of this site or affiliated with this site. All prospective buyers and sellers are recommended to not base any decisions solely on information contained on this site.

Indemnification

You agree to indemnify, defend and hold harmless Direct Home Rentals, its affiliates and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to (i) your violation of this agreement, and (ii) your posting of material to this site.

Proprietary Rights

All materials on this site, including property information and photos, (as well as the organization and layout of the site) are owned and copyrighted by Direct Home Rentals or its suppliers and may be accessed, downloaded or printed for your personal non-commercial use only. Without the prior written permission of Direct Home Rentals or its suppliers, you may not copy, distribute or transfer any material on this site, except for property information and photos, for in whole or in part.

Changes to Site

Direct Home Rentals and its suppliers may make improvements or changes in the information, services, products, and other materials on this site, or terminate this site, at any time without notice. Direct Home Rentals may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review the agreement periodically, and your continued access or use of this site shall be deemed your acceptance of the modified agreement.

Links to Other Web Sites

This site may include links to other Internet sites solely as a convenience to users. Direct Home Rentals does not endorse any such sites or the information, material, products or services contained on or accessible through the sites, and you access and use such sites, including information, material, products and services therein, solely at your own risk.

Property Listings

Owners are responsible for the accuracy of the information on their property listings. Owners who provide photos to be used assert that the photos are their own property and these same owners have the publishing rights to said photos. Direct Home Rentals is not responsible for any action, or omission of action, by any renter obtained by the use of this site.

1) Personal use: The site must not be used for any reason other than to view or make legitimate inquiries to owners regarding your interest in particular vacation rental properties.

2) Downloading of information from the Web site: As a part of the rental inquiry process, for your own purposes and not for further distribution, you may download, display, or print one (1) copy of any portion of Direct Home Rentals.com content. You may not modify the Content in any way, and you must reproduce the Direct Home Rentals.com copyright notice in the form “ ©. - All Rights reserved “ as displayed on the relevant page(s) that you might download or wish to copy.

3) Unauthorized use: Unless otherwise provided within these Terms, or unless specific applicable law requires Direct Home Rentals.com to allow you to do so, you may not do any of the following without the prior written consent of Direct Home Rentals.com:

* Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Content in any form whatsoever

* Reproduce our content on your Web site using any device including, but not limited to, use of a frame or border environment around the Web site, or other framing technique to enclose any portion or aspect of the Web 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 Web site;

* Reverse engineer any part of this Web site;

* Sell, offer for sale, transfer, or license any portion of the Web 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;

* Use the Web site other than to make legitimate inquiries to Direct Home Rentals.com advertisers;

* Use the Web site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;

* Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, 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.

* Use or access the Web site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by Direct Home Rentals.com, or infringes on our copyright or the copyright of our advertisers;

* Upload or transmit to the Web 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, intercept, the normal operation of our Web site, or appropriate the Web site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;

* Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that impose an unreasonable load on our equipment; or

* Disguise the origin of the information transmitted through the Web site.

 

Terms and conditions of advertising on Direct Home Rentals

1. Layout and copy:

1.1 Direct Home Rentals reserves the right to determine the final design, layout and functionality of our website which is subject to change from time to time without notice.

1.2Direct Home Rentals reserves the right to edit copy or amend the layouts or photographs supplied, in order to create a more uniform and pleasant advertising environment for our visitors.

1.3Direct Home Rentals reserves the right, at its discretion, to amend and edit copy entered into the Direct Home Rentals online database by owners/agent. All copy edits submitted by owners/agent are subject to review and approval of Direct Home Rentals in its sole opinion.

1.4Notwithstanding its right to edit and amend copy and photographs, Direct Home Rentals accepts and holds no liability for any loss or damage resulting from the design or positioning of the properties or changes made to the photographs and copy submitted by the owner/agent or edited by Direct Home Rentals staff.

2Accuracy

2.1All listings on Direct Home Rentals, as submitted by the owner/agent and amended from time to time by Direct Home Rentals staff, are the responsibility of the owner/agent, and Direct Home Rentals specifically disclaims any and all liability arising from the alleged accuracy of the listings, or any alleged breaches of contract on an advertiser's part. By accepting these Terms and Conditions and paying to list on Direct Home Rentals.com, you agree to indemnify and hold Direct Home Rentals and its affiliates harmless against all costs, expenses and losses arising out of a claim relating to the content of an advertisement.

2.2Owners/agent are solely responsible for keeping their information up to date on Direct Home Rentals, 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. Direct Home Rentals makes no representation or warranties that any of the copy or availability information published on Direct Home Rentals is accurate or up-to-date even in the case where visitors have searched for specific special offers, dates, or types of properties.

3Photographs

3.1All printed (paper based) photographs submitted to Direct Home Rentals 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.)

3.2Every effort will be made to reproduce faithfully all photographs submitted, but Direct Home Rentals cannot be held responsible for any loss or damage or otherwise resulting from errors or omission.

3.3 By submitting a photograph either electronically through our website or by mailing a paper based photograph to our offices, the Owner/agent 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 Direct Home Rentals and its affiliates from any cause of action arising from any misrepresentation with respect to any and all the photographs so submitted.

4Liability

4.1Direct Home Rentals does not warrant that the operation of the Direct Home Rentals site will be uninterrupted or error-free.

4.2In no event shall Direct Home Rentals be liable to the advertiser for any special, consequential, incidental or indirect damages, including lost profits.

5Copyright

5.1By accepting these Terms and Conditions and by paying and posting a listing on Direct Home Rentals, the Owner/agent grants to Direct Home Rentals 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 Direct Home Rentals and its holding company Direct Home Services LLC the ability to copyright and protect the images, copy, and information available via the Owner/agent’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. Direct Home Rentals is not responsible for any infringement of copyright laws resulting from material supplied by the Owner/agent and the Owner/agent indemnifies Direct Home Rentals against any action brought for breach of copyright or other rights from the use of such material supplied by the advertiser.

5.2 Direct Home Rentals shall be entitled to reproduce part or whole of any photographic material supplied by the advertiser in the promotion of either the Owner/agent’s property or the promotion of Direct Home Rentals.

5.3Direct Home Rentals claims copyright to the electronic images of the photographic material supplied by advertisers, and the Owner/agent will assist Direct Home Rentals—at Direct Home Rentals expense and controlled by Direct Home Rentals—to protect its copyrighted material from unauthorized redistribution.

5.4It is the Owner/agent’s responsibility to obtain reproduction permission for all photographic and other material used in their advertisements. The advertiser warrants that he is the owner of the copyright in such material or is authorized by the owner thereof to grant to Direct Home Rentals the rights therein contained.

6Hypertext links

6.1Direct Home Rentals reserves the right to refuse hypertext links to, or addresses of, other web sites from advertisers' pages, and to remove links or web addresses without notice at our sole discretion.

6.2Direct Home Rentals reserves the right to charge for hypertext links at any time.

7 Guest Books

7.1Any entries in the guest book section must be genuine comments from guests who have stayed at the property advertised. The e-mail address of the guests whose comments are given must be supplied on request.

8 Substitution of properties

8.1An advertisement relates to a specific property. The property in an advertisement may not be substituted by another property. If an Owner/Agent submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then Direct Home Rentals will have the right to terminate the listing and may choose, in its sole discretion, to retain any unearned fees associated with the term of the previously existing listing as compensation for violating this condition.

9 Advertising more than one property on one advertisement

9.1Each advertisement on the Direct Home Rentals site displays an individual and uniquely identified property available for short term vacation rental. The listing specifically cannot be a mere example of properties in a given area. Only one property can appear on each advertisement, unless it is a property with multiple rental units on the same site, and additional advertising units are purchased. Direct Home Rentals reserves the right to amend the copy or remove the advertisement, when more than one property is described in the advertisement, and may choose, in its sole discretion to retain any unearned fees associated with the initial term of such non-conforming listing as compensation for violating this condition. Direct Home Rentals listings are designed to advertise ONE PROPERTY in ONE LOCATION.If you sell your property and purchase a new property in the same city/location, then the you may modify your listing to advertise the new property (there may be a fee to update the photos.)However, if you sell your property and purchase a new property in a new location, then you will need to create a new listing.Once a listing is online, the location cannot be modified.

10 Termination of advertising

10.1All listings are sold to run the full period that is chosen by the Owner/agent. Listings removed at your request prior to the completion of their full run area not subject to a refund.

10.2Direct Home Rentals reserves the right to refuse any listing submitted to Direct Home Rentals either through its online submission process or sent to our offices for us to load onto the website. We can refuse to publish the ad for no reason, and you specifically agree to hold us harmless for any loss or liability that may arise from such a decision.

10.3If you submit unsuitable material into the Direct Home Rentals on-line database, or persistently misuses the on-line systems, Direct Home Rentals reserves the right to remove the property from the Direct Home Rentals site. No refunds will be paid.

10.4If Direct Home Rentals receives a complaint from a person who has rented an Owner/Agent property which Direct Home Rentals, acting reasonably, considers to be justified, or if you double-book a property for multiple renters on the same date, or if you engage in any business practice that would be considered within the vacation rental industry to be unfair, or if you are in breach of your obligations to Direct Home Rentals, then Direct Home Rentals reserves the right to remove the property from the Direct Home Rentals web site without notice. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. You may terminate this Agreement at any time and for any reason by sending an e-mail to admin@directhomerentals.comThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it notifying the Company of your desire to terminate this Agreement. Company reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Service; (b) suspend your access to or use of all or any portion of the Service; and (c) terminate this Agreement.

11 Payment

11.1Payment for listings must be made in U.S. Dollars paid either by major credit and debit cards, or a check drawn on a U.S. bank.

12 Legal Jurisdiction

12.1Any and all Direct Home Rentals services and products are performable and/or sold in the State of Florida, United States of America, and you irrevocably agree to that any cause of action you may submit will be filed in Collier County, Florida which will be the venue of any legal dispute. You also agree that any dispute will be governed by the laws of the State of Florida.

NOTICE TO ALL RENTERS AND ADVERTISERS - You are responsible for conducting your own investigation regarding any and all claims made by prospective renters or vacation property owners or agents. You assume all liability for use of any information you find in any Direct Home Rentals publication. The operators of Direct Home Rentals assume no responsibility and in no way warrant the accuracy of the information contained in any of the pages published here. Not all Direct Home Rentals ads are created directly by the property owners, some Direct Home Rentals advertisers are acting as agents or managers for the owners.

Renters are aware that each property sets its own Refund/Cancellation Policies - Direct Home Rentals recommends that renters ask for and receive a written notice of the Refund/Cancellation policy from the advertiser and for added protection, we recommend the purchase of Trip Cancellation Insurance at your own expense (see InsureMyTrip.com for details). Direct Home Rentals is not responsible for the refund of rental fees for any reason.

Property Owners - If the operators of Direct Home Rentals are unable to provide the promised level of service for any reason, including, but not limited to service outages, war, acts of God or negligence, neither Direct Home Rentals or its owners can be held liable for any costs beyond the prorated costs paid by the client for the services which were not provided. Direct Home Rentals does not guarantee that the Direct Home Rentals web site will be available 100% of the time. This Agreement shall be construed in accordance with the laws of the State of Florida, any and all disputes shall be submitted to the jurisdiction of the State of Florida, disregarding conflicts of law, forum and venue.

NOTICE TO ADVERTISERS - Membership Cancellation Policy

Property owners are responsible for investigating and adhering to all local regulations including, but not limited to, permits, licenses, occupancy taxes, and safety compliance.

PROPERTY OFF THE MARKET

If you wish to remove your property from the market, we can temporarily inactivate the Direct Home Rentals listing and reactivate it at a future date. Your Direct Home Rentals listing stays in force through the original term and the renewal date does not change (the renewal date will not be extended during the time that the property is off the market).

PROPERTY SOLD

If you sell your property, you can transfer your Direct Home Rentals listing to the new property owner for a one time $10 listing transfer fee (normally paid by the new property owner). NOTE: No refund will be given, however, existing and new members are encouraged to come to a fair division of fees amongst themselves.

SELLING A Direct Home Rentals LISTING

Warning to potential purchasers and sellers of Direct Home Rentals listings (we're talking about the sale of the listing, not the sale of the property - you can of course offer to sell your property): Since a property owner can create a new listing of their own at anytime, Direct Home Rentals does NOT endorse or approve of the sale or bartering of the Direct Home Rentals listing unless the property being advertised is also sold to the same party. Any listing which is advertised for sale or which we determine has been sold is subject to immediate cancellation without notice and without refund. Please do not offer to sell or purchase a Direct Home Rentals listing without transferring the property at the same time.

SPAMMING POLICY

Note: Direct Home Rentals does not participate in or tolerate the sending of Unsolicited Commercial Email (SPAM) - Direct Home Rentals reserves the right to cancel (without refund) any member thatmentions Direct Home Rentals or any of its associated websites, URLs, or any associated Direct Home Rentals email address in any SPAM e-mail message or Usenet posting. Direct Home Rentals is the sole judge in determining what constitutes SPAM.

RENTAL INQUIRIES

It is the goal of Direct Home Rentals to reduce the volume of SPAM delivered via the Rental Information and Availability Request (Inquiry) form. To that end, inquiries may be monitored and filtered by Direct Home Rentals prior to delivery to Direct Home Rentals members. Inquiries may be read by Direct Home Rentals staff members. Despite Direct Home Rentals filtering efforts, it is likely that some SPAM inquiries will be delivered anyway. It is also likely that some non-SPAM inquiries may not be delivered as a result of Direct Home Rentals filtering efforts.

Rental inquires are delivered via Internet email and are not to be considered private. Internet e-mail delivery is not 100% reliable and Direct Home Rentals cannot be held responsible for undelivered inquiries or for missed income as a result of undelivered inquiries. Direct Home Rentals, at its own discretion, may supply to potential renters the direct e-mail address and or phone number of Direct Home Rentals advertisers for the purpose of making a rental inquiry.

MEMBERSHIP POLICIES

Direct Home Rentals reserves the right to reject or edit any ad submitted at our sole discretion. Once material has been submitted, edited and posted on the Direct Home Rentals web site, it becomes the property of Direct Home Rentals and its affiliated sites and may not be copied from the Direct Home Rentals web site without written permission.

LOCAL RULES AND REGULATIONS

Property owners are responsible for investigating and adhering to all local regulations including, but not limited to permits, licenses, occupancy taxes, and safety compliance.

NOTICE TO ALL RENTERS

Direct Home Rentals assumes no responsibility and in no way warrants the accuracy of the information contained in any of the pages published on Direct Home Rentals. None of the information contained in any Direct Home Rentals Internet publication is confirmed or warranted in any way. We highly recommend Renters conduct their own research regarding any and all advertising on Direct Home Rentals including, but not limited to:

 

# Obtain references from past renters.

# Visual inspection by requesting additional photos from the owner/manager.

# Request a copy of all advertisers policies.

# Insist on a property lease/rental agreement.

# Request the street address of the property rented and look it up on one of the internet based map sites,

such as mapquest.com.

# Ask the owner where else the property is advertised (established) on the Internet.

# Always speak to the owner by phone before sending any money.

# If paying by Check or Money Order, take additional precations and try to avoid using wire transfers.

For additional protection, check with the local Better Business Bureaus and/or Purchase Trip Insurance.

Direct Home Rentals highly recommends that renters ask for and receive, review and understand a written notice of the Refund/Cancellation policy from the advertiser. Direct Home Rentals is not responsible for the refund of rental fees for any reason.

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