Disclaimer: Terms and Conditions
PLEASE READ FULLY
Thank you for visiting ScenicRentals.com. By using or accessing ScenicRentals.com, you acknowledge that you agree to and are subject to the following terms and conditions and disclaimer. If you do not fully agree to these Terms and Conditions, you may not access or use ScenicRentals.com. Please read all the Terms and Conditions carefully. The terms and conditions below constitute a legally binding agreement between you and ScenicRentals.com, LLC:
ScenicRentals.com is NOT a party to any Rental Agreement
YOU ACKNOWLEDGE THAT SCENICRENTALS.COM IS NOT A PARTY TO ANY RENTAL TRANSACTION. ScenicRentals.com is a technological tool or venue for owners and renters (“Users”) to connect and enter into transactions solely between the Users. Scenicrentals.com is not a party to the actual transaction between owners and renters and has no authority to intervene on behalf of either party to resolve any dispute or enforce the terms of any agreement between an owner and renter. You understand that because of Scenicrentals.com position as a third party communication provider and not as a party to any rental transaction, the quality, safety or legality of the properties advertised, the truth or accuracy of any listings (including the content of such listings), the availability of the vacation property or the ability of renters to actually pay for rental properties are solely the responsibility of the users of the Scenicrentals.com website.
Renters and Prospective Renters
You are responsible for verifying all claims and statements made by the owners or their agents who have listed properties on ScenicRentals.com. You assume all liability for use of any information you find on ScenicRentals.com. You are responsible for and must complete appropriate due diligence before exchanging any money.
Deposit Policies
Please note property owners or their agents generally have a deposit and cancellation policy. ScenicRentals.com recommends renters request this policy in writing to avoid any miscommunication if you must cancel or change your rental. ScenicRentals.com is not responsible for the refund of rental fees, deposits, or any costs associated with the rental, for any reason.
Property Owners and Agents
If ScenicRentals.com is unable to provide the promised level of service for any reason, including, but not limited to web page downtime, acts of God, or War, neither ScenicRentals.com nor its employees and contractors can be held liable for any expenses beyond the prorated fees paid by the owner or agent for the services which were not provided. ScenicRentals.com does not guarantee that the ScenicRentals.com web site will be available 100% of the time. Neither ScenicRentals.com nor any of its employees or contractors can be held liable for any issues that arise between the renter and the owner or agent.
ScenicRentals.com is unable to offer a pro rata refund on listing fees if the owner/agent wishes to be cancelled for any reason.
Listing Content
Property owners and their agents must keep their property listings safe for all viewers. Do not use vulgarity or any comments that are sexual, racial, violent, or inappropriate. Property listings will be cancelled without refund if their content is deemed inappropriate by ScenicRentals.com. If any property information is misleading or considered fraudulent by complaints of vacationers or at the sole discretion of ScenicRentals.com, the property listing will be cancelled without refund.
Parties posting properties on ScenicRentals.com agree to use photos, images, and content which are copyright free or fully owned by the party posting the property listing.
Listings can only contain contact information in the designated "Property Contact" location. No contact information may exist in any of the other sections of the property listing.
ScenicRentals.com may reject or delete a listing if it contains references to multiple properties.
ScenicRentals.com reserves the right to reject or edit any property listing submitted at our sole discretion. Once material has been submitted and posted on the web site, it becomes the property of ScenicRentals.com and may not be copied from the ScenicRentals.com web site without written permission. No URL's to other websites are allowed unless approved specifically in writing by ScenicRentals.com.
LIMITATION OF LIABILITY
THESE TERMS AND CONDITIONS STATE SCENICRENTALS.COM’S SOLE OBLIGATION AND SOLE LIABILITY WITH RESPECT TO THE SERVICES PROVIDED THROUGH THE SCENICRENTALS.COM WEBSITE.
IN NO EVENT WILL THE SITE, SCENICRENTALS.COM, OR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND/OR EMPLOYEES (COLLECTIVELY, "WE" OR "US") BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR SITE, THESE TERMS, YOUR USE OF THE SITE AND/OR ANY TRANSACTION BETWEEN USERS, EVEN IF WE HAVE 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 MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANOTHER USER OR THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE VACATION RENTALS GROUP, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE 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, OR (B) $100.00 IN THE AGGREGATE.
Disclaimer
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 HYPERLINKS 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.
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 AS SET FORTH IN THESE TERMS.
Release
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE US AND OUR 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, LIABLITIES, 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 SUCH DISPUTE AND/OR YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 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."
Indemnity
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD USHARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY US (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES AND COSTS) IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SCENICRENTALS.COM SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION), ANY CONTENT POSTED BY YOU TO THE SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN. YOU SHALL COOPERATE WITH US FULLY 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 SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
Email Inquiries
Rental inquires are delivered using Internet email and should not be considered private. ScenicRentals cannot guarantee all emails will be delivered. ScenicRentals cannot be held responsible for undelivered inquiries or for missed income as a result of undelivered or un-timely inquiries. ScenicRentals tries to reduce the volume of SPAM delivered via our inquiry form. Inquiries may be monitored by ScenicRentals.com and read by the staff for reasons including to identify SPAM.
By submitting an email inquiry, you agree to allow ScenicRentals to contact to you with information related to ScenicRentals.com. You can opt-out of email notices from ScenicRentals.
Internet Browser Compatibility
There may be some internet browser and operating systems that do not display our website correctly or allow full functionality. ScenicRentals.com is not responsible for any issues users/owners experience that involve internet browsers or operating systems.
Money back guarantee to our Home Owners
If you are not satisfied with ScenicRentals listing service and do not get at least one rental booking from your annual listing, we will gladly refund your money upon written request at the end of your listing period. The guarantee is subject to content guidelines published by ScenicRentals or methods to track bookings.
Choice of Law and Forum
ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMABLE AND/OR SOLD IN THE STATE OF GEORGIA, 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 FULTON COUNTY, GEORGIA, 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 GEORGIA.
Changes to these Terms
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 such changes will be posted on the Site and will be effective immediately upon such posting. Your continued use of the Site following the posting of any such change, modification or amendment will constitute your acceptance thereof.
Privacy Policy
ScenicRentals respects your privacy. We will not disclose your private information to third parties without your permission.
Feel free to contact us with any comments or questions you have:
Support@scenicrentals.com