Terms of Service: Global Vacation Rental Listings: Find a Place to Stay, Rent Your Place

Terms of Service

Please read the Terms of Service (“TOS”) carefully. The TOS governs your use of the Global Vacation Rental Listings Web site (the “Web site”) and the products and services provided through or in connection with the Web site (collectively, the “Service”). Each time you use the Service, you acknowledge that you have read and agree to be bound by the TOS. If you do not agree to be bound by the TOS, you may not use the Service. This Agreement affects your legal rights. If you have questions about the TOS, please consult an attorney.

You must read, agree with and accept all of the terms and conditions contained in this Agreement and the Privacy and Security Policy before you may become a member of Global Vacation Rental Listings. The party you are contracting with is Sunflower Holdings, Inc. dba Global Vacation Rental Listings ("GVRL"). We strongly recommend that, as you read this Agreement, you also access and read information contained in the other pages referred to in this document, as they may contain further terms and conditions that apply to you as a GVRL user. Please note: underlined words and phrases are links to these pages and Web sites.

We may amend this Agreement from time to time by posting the amended terms on the Web site. Except as stated below, all amended terms shall automatically be effective 30 days after they are posted on the site. In addition, we will notify you in accordance with your Communications Preferences. This Agreement may not otherwise be amended except in writing signed by you and GVRL.

Membership Eligibility
The Service is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to persons under the age of 18 (eighteen) or to temporarily or indefinitely suspended GVRL members. If you are under the age of 18, you can use the Service only with and under the supervision of your parents or guardians. If you do not qualify, please do not use the Service. Further, your GVRL account, including your feedback and Public ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Fees and Services
Joining GVRL and viewing the Web site are free. We currently do not charge fees for advertising on the Web site. When you list a property or renew a listing you have an opportunity to review and accept any fees that you will be charged. Our Pricing and Credits Policy is available and is incorporated into this Agreement by reference. We may change our Pricing and Credits Policy and the fees for our services from time to time and such changes are effective when we post them on the Web site. We may also choose to temporarily change our Pricing and Credits policy and the fees for the Service for promotional events and such changes are effective when we post the temporary promotional event on the Web site. We may in our sole discretion offer discounts, such as coupons and special promotional offers, to individual GVRL members. We may change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using the Service and all applicable taxes.
The Global Vacation Rental Listings Web Site is a Marketplace
The Web site acts as an online venue for you to find and transact with other GVRL Members, (the “Users”) on the Service or otherwise associated with the Service. If you complete a transaction with one of our advertisers, you agree to hold GVRL harmless from any cause of action. Global Vacation Rental Listings assumes no responsibility for the behavior of those who rent property from our advertisers. GVRL makes no warranty regarding the accuracy of the information posted by owners, property managers, renters or others who use this Web site. None of the information posted by users of this Web site is verified for accuracy by GVRL. You are responsible for investigating all claims made by renters, property owners, property managers and others who post information on this Web site. You assume all liability for use of the information found on the Service.

3.1 Identity verification
User verification on the Internet is difficult. GVRL cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate those people and companies with whom you are dealing. We also encourage you to communicate directly with those with whom you would like to transact through the tools available on the Web site.

3.2 Release
In the event that you have a dispute with one or more Users, you release GVRL (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

3.3 Information Control
We do not control the information provided by Users. You may find other user's information to be offensive, harmful, inaccurate or deceptive. Please use caution, common sense, and practice safe habits when using the Service. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international transactions and foreign nationals. By using the Service, you agree to accept such risks and GVRL is not responsible for the acts or omissions of users of the Service.
Listing and Renting Properties
You must legally be able to rent the property you advertise for rent on the Service. You must describe your rental property and all terms of rental on the listing pages of the Service. Your listings may only include text descriptions, graphics, pictures and other content relevant to the rental of the property. All listed properties must be listed in an appropriate category.

If you receive and confirm a reservation to rent a property listed on the Service, you are legally obligated as the advertiser to provide the rental property to the person who made the reservation based on the terms published in your listing when the reservation was made.

If you make a reservation with an advertiser on GVRL and the reservation is confirmed, you are responsible for payment based on the terms posted when you make your reservation.

Without limiting any other remedies, GVRL may suspend or terminate your member account if we suspect that you (by conviction, settlement, insurance investigation or otherwise) have engaged in fraudulent activity in connection with the Service.
Your Information
5.1 Definition
"Your Information" is defined as any information you provide to us or other users in the registration, reservations, and listing process, in any public message area or through any e-mail feature. You are solely responsible for Your Information. GVRL acts as a conduit for your online distribution and publication of your information.

5.2 Privacy
GVRL may read anything posted on the Service or sent using the Service. Postings and correspondence sent through this Service should not be considered private.

5.3 Restricted Activities
Your Information and your activities on the Service shall not (a) be false, inaccurate or misleading; (b) be fraudulent (c) infringe any third party's copyright, patent, trademark or any other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, anti-discrimination or false advertising); (e) be defamatory, unlawfully threatening or unlawfully harassing, libelous, abusive, vulgar, obscene, pornographic, or otherwise indecent; (f) contain any viruses, Trojan horses, worms or other computer routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for GVRL or cause us to lose (in whole or in part) the services of our Internet Service Providers or other suppliers; and (i) link directly or indirectly to or include descriptions of anything that (aa) is prohibited under this Agreement; (bb) is identical to your listing(s) on the Service but priced lower than the rates you publish on the Service; or (cc) that you do not have a right to link to or include. Furthermore, you may not list any property on the Service or consummate any transaction that was initiated using the Service that, by paying us a listing fee could cause us to violate any applicable law, statute, ordinance or regulation.

5.4 License
Solely to enable GVRL to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity and database rights (but no other rights) you have in Your Information , in any media now known or not currently known, with respect to Your Information, GVRL will only use Your Information in accordance with our Privacy and Security Policy.

By posting your property on the Service, you give other GVRL Members who have stayed at your property the right to post their own photos and reviews of the property on the Service.
Access and Interference
The Global Vacation Rental Listings Web site includes robot exclusion headers. Much of the information on the Service is updated on a real-time basis and is proprietary or is licensed to GVRL by Users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Service without the prior expressed written permission of GVRL and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Service or any activities conducted using the Service or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service.
Feedback
You may not take any actions that may undermine the integrity of the feedback system.

You acknowledge that your feedback consists of comments and ratings left by other users and a composite feedback number compiled by GVRL and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating decision-making and transactions among Users, you agree that you shall not market or export your GVRL feedback rating in any venue other than a GVRL operated venue.

We do not provide Users with the technical ability to import feedback from other, non-GVRL operated Web sites to the GVRL Service because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
Breach
Without limiting other remedies, GVRL may limit your activity, immediately remove your listings, warn Users of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) GVRL is unable to verify or authenticate any information you provide to us; or (c) GVRL believes that your actions may cause financial loss or legal liability for you, other users or us.
Privacy
We do not sell or rent your personal information to third parties without your explicit consent and we only use your information as described in the Privacy and Security Policy. We view protection of users' privacy as a very important part of our mission. We understand that you and your information are some of our most important assets. We store and process your information on computers located in the United States that are protected by physical and technological security devices.
No Warranty
Although we do our best to make sure the Global Vacation Rental Listings Service is always functioning and accessible, we do not guarantee that the Service will be operable 100% of the time. We, our subsidiaries, officers, directors, employees and our suppliers provide the Service "as is" and without any warranty or condition, express, implied or statutory. We, our subsidiaries, officers, directors, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights that vary from state to state.

This Web site contains links to other Web sites. Since we do not control these Web sites, we encourage you to review the policies of these sites. Inclusion of such links does not constitute an endorsement or any type of partnership or association with those sites or their operators.
Limitation of Liability
In no event shall GVRL, our subsidiaries, officers, directors, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our Service or this agreement (however arising, including negligence). GVRL assumes no responsibility if, for any reason, rental inquiries are not received by advertisers or responded to by advertisers. GVRL is not responsible for income that may have been lost due to undelivered rental inquiries.

Our liability, and the liability of our subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) $100.
Indemnification
You agree to indemnify and hold GVRL and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Service and when renting your property.
No Partnership or Joint Venture
You and GVRL are independent contractors, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to GVRL Attn: Legal Department, 5365 Columbine Lane, Denver, CO 80221-1285 (in the case of GVRL) or to the e-mail address you provide to GVRL during the registration process (in your case). Notice shall be deemed given 24 (twenty-four) hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to GVRL during the registration process. In such case, notice shall be deemed given 3 (three) days after the date of mailing.
Resolution of Disputes
In the event a dispute arises between you and GVRL, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and GVRL agree that any claim or controversy at law or equity that arises out of this Agreement and our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative resolution procedures, such as mediation, as an alternative to litigation.

16.1 Binding Arbitration
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or GVRL may elect to resolve the dispute through binding arbitration conducted by telephone, online and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

16.2 Court
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Adams County, Colorado or where the defendant is located (in our case, Denver, Colorado and in your case your home address or principal place of business). You and GVRL agree to submit to the personal jurisdiction of the courts located within the county of Adams, Colorado.

16.3 Alternative Dispute Resolution
Alternatively, GVRL will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Adams County, Colorado or another location mutually agreed upon by the parties.

All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in in accordance with the Section by the first party to file a Claim. Should either party file an action contrary to this Section 16, the other party may recover attorneys' fees and costs up to $1500, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
Additional Terms
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered by GVRL.
Privacy and Security Policy: http://gvrl.com/privacy.asp
Pricing and Credits Policy: http://gvrl.com/pricing.asp

Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Service, except for the Privacy and Security Policy, which we will provide you with thirty days prior notice. In addition, when using the particular services offered by GVRL, you agree that you are subject to any posted policies or rules applicable to that service, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
General
This Agreement shall be governed in all respects by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely within Colorado between Colorado residents. We do not guarantee continuous, uninterrupted or secure access to the Service, and operation of the Service may be interfered with my numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by GVRL in accordance with Section 15"Notices", in our sole discretion. Headings are for reference only and in no way define, limit, construe or describe the scope of extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.2 (Release), 5.4 (License), 6 (Access and Interference), 11 (Limitation of Liability), 12 (Indemnification), and 16 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.
Disclosures
The services hereunder are offered by Sunflower Holdings, Inc., located at 5365 Columbine Lane, Denver, Colorado 80221-1285. If you are a resident of Colorado, you may have this same information emailed to you be sending a letter to the foregoing address with your email address and a request for this information. Fees for the Service our located at http://gvrl.com/pricing.asp

Commercially available parental control protections (such as computer hardware, software, or filtering services) are available that may assist you in limiting access to material that may be harmful to or inappropriate for minors. If you are interested in learning more about these protections, information is available at http://www.safetysurf.com or other similar sites providing information on such protections. The preceding link is provided for information purposes only and is not intended as an endorsement of SafetySurf.com's Web site, services or policies. GVRL is not affiliated with SafetySurf.com.

Disputes between you and GVRL regarding our services may be reported to Customer Support by going to the Contact GVRL page at http://gvrl.com/contactus.asp We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general or a certified mediation or arbitration entity.