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Terms Of Service

BY USING SELECTDWELLING.COM, YOU AGREE TO ABIDE BY THESE TERMS OF SERVICE.  PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.  THESE TERMS OF SERVICE CONSTITUTE A LEGAL BINDING AGREEMENT BETWEEN YOU AND SELECTDWELLING.COM.  IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE YOU MAY NOT ACCESS THIS SITE.

Our site is a service for our members to list annual, seasonal and vacation rentals for rent and for potential renters (who along with our members are “users” of our site) to view these accommodations. We are not involved in any transaction between any party who uses our site. As a result, SelectDwelling.com and its owners, employees or contract workers are not responsible for the accuracy or content of the information provided throughout this website including, but not limited to, such user generated content as articles, writings and coupons.  Nor are we responsible for any claim between members and renters or between any users of our site.  It is the sole responsibility of users of this site to verify the information contained herein and the ability of any user to fulfill any rental obligation for any property listed on this site.

SelectDwelling.com may update these Terms of Service or its sites, at any time and from time to time, at its sole discretion. SelectDwelling.com may modify these Terms of Service at any time, and such modifications shall be effective immediately upon posting of the modified Terms of Service. You agree to review these Terms of Service periodically, and your continued use of this site shall be deemed your acceptance of the modified Terms of Service.

SelectDwelling.com  may alter, discontinue or suspend any aspect of the site at any time.  We may also restrict your access to all or parts of the site without notice or liability.



Limitation of Liability

SELECTDWELLING.COM IS A D/B/A OF SELECTDWELLING, LLC.  IN NO EVENT WILL SELECTWELLINGS.COM, SELECTDWELLING, LLC AND/OR ANY SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS OR EMPLOYEES (COLLECTIVELY, “SELECTDWELLING”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COMPENSATORY, EXEMPLARY, RELIANCE OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM, RESULTING FROM THE USE OF OR ACCESS TO SELECTDWELLING.COM , THE USE OF OR THE INABILITY TO USE SELECTDWELLING.COM SERVICES, ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH SELECTDWELLING.COM, ANY TRANSACTIONS BETWEEN USERS, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S TRANSMISSIONS OR DATA OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, BUSINESS, PROFITS, DATA OR OTHER INTANGIBLES, EVEN IF SELECTDWELLING.COM HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISIFED WITH THE SITE OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANOTHER USER OR THE SITE REGARDING THESE TERMS OF SERVICE OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THIS SITE.

Disclaimer of Warranties

You understand and agree that SelectDwelling.com services are provided “as is” and “as available.” SelectDwelling,com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF SELECTDWELLING.COM SERVICES ARE AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SELECTDWELLING.COM SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

SELECTDWELLING.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT, INFORMATION AND MATERIALS CONTAINED WITHIN OR ACCESSIBLE THROUGH THIS SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SELECTDWELLING.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SELECTDWELLING.COM SERVICES, REGARDING THE ACCURACY, COMPLETENESS, USEFULNESS, CURRENCY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH SELECTDWELLING.COM SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH SELECTDWELLING.COM SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH SELECTDWELLING.COM SERVICES OR THAT SELECTDWELLING.COM SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

SelectDwelling.com makes no representations and warranties of any kind whatsoever for any hypertext links and is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on any such external sites or resources.

Indemnification

You agree to indemnify, defend and hold harmless SelectDwelling.com, its owners, affiliates, officers, directors, employees, consultants and agents from and against any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the site (including any dispute between users regarding any transaction or occurence), any content posted by you to the site, your violation of the Terms of Service or your infringement, or infringement by any other user, of your account, of any intellectual property or other right of any person or entity. The Terms of Service will inure to the benefit of SelectDwelling.com’s successors, assigns and licensees.

Copyright Infringement

All members warrant that they are the owner of the material they have placed on this site or are properly authorized in accordance with the applicable copyright laws to place such material on this site.  If you believe that your work has been copied in such a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for claims of copyright infringement at info@selectdwelling.com or:

SelectDwelling, LLC, Attn: Claims Infringement, P.O. Box 155, Arlington, Massachusetts 02476.

Please include the following in your notice: (a) identify the material on the site that you claim is infringing; (b) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (c) a statement by you declaring under the pains and penalties of perjury that the information in your notice is accurate and you are the owner of the copyright interest involved or are authorized to act on behalf of the copyright owner; (d) your address, telephone number and email address; and (e) your physical signature or electronic signature.  We will thereafter take the proper steps to remove the allegedly infringing content in accordance with the Digital Millennium Copyright Act.

Miscellaneous

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.  You agree that any action at law or in equity arising out of relating to these Terms of Service shall be filed only in the state or federal courts located in the Commonwealth of Massachusetts.  You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Additional Terms Applicable to Members

We reserve the right to terminate your membership without notice if we learn that you have provided us with false or misleading registration information, interfered with other users or the administration of SelectDwelling.com services, or violated these Terms of Service.

Hypertext Links

SelectDwelling.com 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.

Content Policies

You are responsible for the content and consequences of your communications, including message board postings, e-mail messages, and property listings. It is your responsibility to obtain reproduction permission for all photographic and other material placed on this site.  You warrant that you are the owner of the copyright in such material or are authorized by the owner to grant us the rights therein.  By accepting these Terms of Service and by paying for and posting a listing on this site, you grant to us a perpetual, worldwide, irrevocable, unrestricted non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the videos, the photographs and the likenesses (if any) of any content you post on the site, and you grant SelectDwelling.com the ability to copyright and protect the images, copy and content available via your 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.

You agree to not use our services to send, or post on any place on SelectDwelling.com, any message or material that is harassing, libelous, fraudulent, defamatory, threatening, racially offensive, inaccurate, or objectionable material of any kind or nature or that otherwise violates SelectDwelling.com’s standards.  SelectDwelling.com reserves the right to delete any such material from our site.

You represent that you have the authority to enter into this agreement.  You further represent and covenant that any information submitted to SelectDwelling.com during your registration with us shall be true and correct.  You agree to provide such proof of identity, proof of ownership and proof of right to list properties as we may request.

SelectDwelling.com reserves the right to reject or edit any listing submitted at our sole discretion.  Although we reserve the right to remove any content without notice, we have no obligation to delete or monitor content, including without limitation, content that you may find objectionable, offensive, or inaccurate.  SelectDwelling.com is not responsible for the validity of any property listing.

Once material has been submitted to SelectDwelling.com, it becomes the property of SelectDwelling.com and may not be copied from the SelectDwelling.com without written permission.  SelectDwelling.com reserves the right to terminate your membership immediately and without notice if it becomes aware and determines, in its sole discretion, that you are violating any of its policies or any of the terms of conditions contained in the Terms of Service.

Each advertisement on the site may only relate to one specific property.  Members may not substitute properties in an advertisement, transfer their rights in the advertisement to another party or advertise more than one property on each advertisement.

Payment

Payment for annual subscriptions must be made in U.S. Dollars paid by a major credit card or Paypal.  Such subscription shall automatically renew at the end of the 12 month period for an additional annual term at the then-current subscription rate.  If you do not wish for your subscription to automatically renew or to cancel your subscription at any time, you can log onto your User account and choose Cancel Auto-Renew or contact us at: info@selectdwelling.com.  You must cancel your subscription before it renews to avoid billing of subscription fees for the renewal term to your credit card or Paypal account.

Cancellation

All listings are for a 12-month period.  Subscriptions can be canceled at any time.  No refunds are available for cancellations.

The SelectDwellingAdvantage

SelectDwelling.com has implemented a charitable giving program called The SelectDwelling Advantage.  Through The SelectDwellingAdvantage, we have made a pledge to donate a portion of all new and renewed property listings to local southwestern Florida charities of our choice.  Revenue from advertising sales are not part of our charitable giving program.  Only properties added or renewed on our site will be used in calculating charitable contributions.  SelectDwelling.com reserves the right to choose charities based on our own research and discretion.  Donations made through The SelectDwellingAdvantage are made on behalf of SelectDwelling.com. Therefore, SelectDwelling.com cannot provide charitable receipts to members to offset their own taxes.