We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Notwithstanding the foregoing terms and conditions as to the rental of the unit/house/property, Owner and Elliott Realty understand and agree that Owner will be actively involved in the rental process. In furtherance of that end, Owner reserves all management level decision making as to the rental of the unit/house/property to the Owner. Such decisions include, but are not limited to approving tenants or renters, deciding on rental terms, reviewing expenses and approving expenditures.
Agreement. This User Agreement, unless expressly stated otherwise.
Owner or Manager. Also referred to herein as "You" or "User", which means the property owner or the owner's designated agent, representative, or manager. May be or include Advertiser.
Property. Rental properties including standalone or adjoined units, houses, and other real properties.
Services or Resources. Site accessibility, advertising, listing, photographic display, search features, price comparison, and interactivity including telephonic or real-time web assistance.
Submissions. Content including but not limited to comments and photographs submitted or posted by the Owner or Manager or prospective renters on this site.
Elliott Realty Content or User Content. Everything that is displayed on this site including user-provided information (e.g., photographs, commentary, ratings, pricing and identifying information) as well as unseen content such as computer code and metadata.
Website or "site". Refers to www.malibupointevacations.com unless expressly stated otherwise.
Other definitions are provided herein.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as "Resources"), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a) In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b) You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c) Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d) Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e) Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f) You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g) We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
3. Contains any type of unauthorized or unsolicited advertising;
4. Impersonates any person or entity, including any Elliott Realty employees or representatives.
h) We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
j) You agree to indemnify and hold harmless Elliott Realty, and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you will provide us with such cooperation as is reasonably requested by us.
k) Your use of this Site and the Resources found at this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
l) You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
m) You will not use this Site or the Services found at this Site in a manner (as determined by Elliott Realty in its sole and absolute discretion) that:
1. Is illegal, or promotes or encourages illegal activity;
2. Promotes, encourages or engages in child pornography or the exploitation of children;
3. Promotes, encourages or engages in terrorism, violence against people, animals, or property;
4. Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
5. Infringes on the intellectual property rights of another User or any other person or entity;
6. Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
7. Interferes with the operation of this Site or the Services found at this Site;
8. Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
9. Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Elliott Realty or Elliott Realty's Services.
n) You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by Elliott Realty.
o) You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
p) You will not access Elliott Realty Content or User Content through any technology or means other than through this Site itself, or as Elliott Realty may designate.
q) You agree to back-up all of your User Content so that you can access and use it when needed. Elliott Realty does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
r) You will not re-sell or provide the Services for a commercial purpose, including any of Elliott Realty's related technologies, without Elliott Realty's express prior written consent.
s) You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
t) You are aware that Elliott Realty may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow Elliott Realty, in its sole discretion, to record the entirety of such calls regardless of whether Elliott Realty asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted in evidence any legal proceeding in which Elliott Realty is a party. Elliott Realty reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.
Home Owner, Rental Company and Property Listing Registration
By registering or signing into your account on this Website as a vacation rental Home Owner, you agree that you have an existing and current rental contract with a local rental company which is located within (20 Miles) Twenty Miles of any and all property listings that you publish on this website.
You also represent and warrant that
1. Property listings that you publish on this website will provide all renters with Support, Cleaning and Maintenance from a Local Rental Company / Professional.
2. You will maintain a current rental contract with a local rental company which is located within (20 Miles) Twenty Miles of any and all property listings that you publish on this website.
3. If your rental contract with a local rental company expires, terminates, voids, changes or becomes non valid you will immediately notify Elliott Realty, and remove any property listings that are connected with the rental contract from this Website.
4. If your rental contract with a local rental company expires, terminates, voids, changes or becomes non valid you will immediately notify all renters who have inquired and booked your rental property through this website. If the renter had booked future dates prior to your rental contract becoming invalid, and the Renters Check in date is after the date your rental contract becomes invalid, you as a homeowner must provide the renter a full refund within (7 Days ) Seven Days if the renter selects to cancel to booking.
5. Elliott Realty Verification is a process to confirm the accuracy of the rental provided by you. Elliott Realty may verify your rental at any time by contacting any 3rd party rental company.
By registering or signing into your account on this Website as a vacation rental Home Owner or Manager ("Manager"), you agree to provide accurate and current information about yourself as prompted by the registration process and maintain and promptly update your online profile information to keep it accurate and current, including but not limited to the information displayed in your Elliott Realty, account.
By registering or signing into your account on this Website as a Home Owner or Manager with a listed vacation rental property ("Listing(s)") on this Website, You represent and warrant that
1. You own and control all of the rights to the content, including text, descriptions, photos and any other content that you post or otherwise distribute regarding the Listings, or you otherwise have the lawful right to post and distribute such content to or through the Website;
2. Such content is accurate and not misleading (including, without limitation, descriptions, features, availability and rental pricing, and pictures (whether supplied by you or authorized by you to be taken by Elliott Realty, from another web site or service)); and
3. Use and posting or other transmission of such content does not violate this Agreement and will not violate any rights of or cause injury to any person or entity. You also agree to promptly provide proof of personal identification, ownership of the property listed or authority to list the property as we may request. We reserve the right to refuse, in our sole discretion, any Listing or remove Listings, either temporarily or permanently based on the content and accuracy of such Listing, including without limitation, accurate calendar availability and rate information. We may refuse to publish the Listing for any reason, and you hereby expressly agree to release and hold us harmless from any loss or liability that may arise from such a decision.
4. Elliott Realty Owns Leads and Homeowner information and has the right to use for solicitation purposes. The Lead and Homeowner Information may be sold to third parties.
Home Owner, Rental Company Contact Information
As a Home Owner or Manager, you represent and warrant that contact information for past guests that you enter into the Website through our service or other automated processes (including providing contact information of past guests directly to Elliott Realty, ), will be the valid contact information of past renters. If such contact information is provided in relation to a specific Listing, you represent and warrant that to the best of your knowledge such information is accurate and renters are truly and accurately associated with Listings that they rented.
Responsibilities as Home Owner or Manager
You acknowledge that:
1. You will be responsible for and agree to abide by and adhere to all laws, rules and regulations applicable to the advertisement of your rental and the conduct of your rental business, including, but not limited to, permits, licenses, zoning regulations, occupancy taxes, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws;
2. Elliott Realty, is not a property management company;
3. Prospective renters will contact you directly using the email contact, booking or payment forms or the contact information provided with the Listing;
4. Elliott Realty, is not responsible for renters of property (it is your responsibility to validate the qualifications of the prospective renters and rent a Listing on terms and conditions acceptable to you); and
5. Elliott Realty may, at no additional cost to you, license third-party web sites to advertise the Listings in order to maximize the visitors to your listing.
Accuracy of Property Listings
As a Home Owner or Manager, you may provide or approve Listings. You represent and warrant that all information contained in Listings will be true and accurate in all material respects and will not omit anything that may be material to the decision of a user interested in a transaction. You understand that renters will rely upon your Listings and any misstatements or omissions about the Listing may result in liability and other consequences to you including but not limited to cancellation of your Listing and/or account with Elliott Realty. You expressly release Elliott Realty and its users from any liabilities or obligations that may arise from any misrepresentations, omissions, or misstatements in the Listings you provide to Elliott Realty (including Listings you approve) and others who use the Website. You may also provide limited additional rules or rental policies and agreements of use for your Listings, but Elliott Realty will have no obligation to monitor, police or enforce such rules, and Elliott Realty will have no liability or obligation to you or to a renter for any violation of such rules. You understand and agree that Elliott Realty is a referral service only, and in no event will Elliott Realty be a party to any rental contract or agreement between you and a Guest.
Home Owner, Rental Company and Property Listing Content Restrictions
You represent and warrant that each Listing displays an individual and uniquely identified property available for short term rent. Elliott Realty reserves the right to amend or remove any Listing, when more than one property is described or a Manager may be listing only a subset of their total Listings and directing Guests to other rentals not included on the Website, and may choose, in its sole discretion to retain any fees associated with the non-conforming listing as compensation for violating this condition. You agree that each Listing is subject to review and Elliott Realty, reserves the right to edit, amend, improve any Listing and the design, layout and functionality of Listings and the Website, in its sole discretion and without notice to you. You represent and warrant that the Listings will not contain addresses of other web sites, HTML, code or other markup languages, other than as provided herein. Addresses of other web sites, HTML, code, or other markup languages will be removed from Listings without notice. You agree not to place email addresses within your listings other than in the designated area to help prevent SPAM and discourage email harvesting robots from crawling Elliott Realty, . Email addresses included outside designated areas will be removed from Listings without notice.
Home Owner, Rental Company and Property Listing Content License
You grant Elliott Realty, its affiliates, and licensees
1. A nonexclusive, royalty-free, perpetual, transferable, irrevocable right to use, reproduce, modify, edit, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such content throughout the world in any media, now known or hereafter devised;
2. The right to use the name that you submit in connection with such content, if they choose; and
3. You grant Elliott Realty and its affiliates the ability to copyright and protect the images, copy and other content available via your Listing from the unauthorized use by unaffiliated third parties who may attempt to use such information and grant us the right to pursue at law any person or entity that violates your or Elliott Realty rights in the content by a breach of this Agreement. You further agree to assist us - at our expense and control - to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any member and each member will indemnify and hold harmless Elliott Realty against any action brought for breach of copyright or other rights from the use of such content. You hereby waive and release all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us. You agree that we may reproduce in whole or in part any photographic material supplied by you in the promotion of your property or the promotion of the Website.
Other Rights in Content
You understand that content submitted will be considered non-confidential and Elliott Realty, its affiliates, and licensees will be under no obligation to treat such content as proprietary information. Without limiting the foregoing, Elliott Realty, its affiliates, and licensees reserve the right to use the content as they deem appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Elliott Realty, , its affiliates, and licensees are under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to Elliott Realty, . Elliott Realty, its affiliates, and licensees have no duty to attribute authorship of content to you, and will not be obligated to enforce any form of attribution by third parties.
Disabling Property Listings
You understand that you may disable any Listing at any time (such listing will generally be removed from an Elliott Realty website within seven business days).
Prohibited Activities - Home Owner, Rental Company and Property Listing
You agree not to post, email, or approve for posting, content, whether in Listings or otherwise: that violates the Fair Housing Act by stating a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap, or violates any state or local law prohibiting discrimination on the basis of these or other characteristics; that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; that infringes any patent, trademark, trade secret, copyright or other proprietary right of any third party, or that you do not have a right to make available under any law or contractual or fiduciary relationship; that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Website.
Refunds of Property Listings
You as a Home Owner or Manager understand and agree that all property listing fees are non-refundable.
Complaints and Removal of Property Listings
If we become aware of or receive a complaint from any person or entity regarding a member's Listing or rental practices that, in our sole discretion, warrants the immediate removal of such member's allegedly offensive Listing from the Website (for example, and without limitation, if a member double-books a property for multiple travelers on the same date, or engages in any practice that, in our sole discretion, would be considered unfair within the vacation rental industry, or if we receive a complaint that any listing's content infringes on the rights of a third party or the user has been fraudulently posting reviews or violation of this Agreement), then we may immediately remove the allegedly offensive Listing from the Website without notice to the member and without refund while we investigate the basis for the complaint. If we conclude, in our sole discretion, that any such complaint is meritorious, then we may permanently remove the offensive Listing from the site without notice to the member and without refund.
Reviews - Home Owner, Rental Company and Property Listing
You hereby agree to allow Elliott Realty to send review requests on your behalf based on the contact information (email address) of past guests that you provide and that Elliott Realty will have the right to retain this contact information, including the guests' name and email address for record keeping purposes. Elliott Realty respects the privacy of your customers and our users and hereby agrees not to reuse this information for remarketing purposes. Users that register an account with Elliott Realty will be subject to this Agreement and may be contacted in connection with Elliott Realty, services or information.
Home Owner, Rental Company and Property Listing Term, Renewal and Cancellation
As applicable to you, Listings are sold to run for entire term from the date of payment. Payment for subscriptions for Listings must be made in U.S. Dollars paid either by major credit card, debit card check or PayPal. Such Listing subscriptions will automatically renew at the expiration of the then-current term, monthly or annual as applicable, for an additional term of the same duration as the initial term. This automatic-renewal allows your service to remain uninterrupted. If you do not wish for your Listing subscription to be automatically renewed, you must manually cancel your Listing subscription by accessing your Elliott Realty account and canceling prior to the expiration of the then-current term. Upon any cancellation, your Listing subscription will remain active through your then-current term; however your Listing subscription will not be automatically renewed upon the expiration of this term. If your subscription is cancelled at the end of your then-current Listing subscription term for any reason and you thereafter desire to renew your Listing subscription, you will be required to pay the then-current non-promotional subscription rate to activate a new subscription. If you do not cancel your Listing subscription you re-affirm and authorize us to charge your credit card at the end of each subscription term for an additional term of the same duration as the initial term and at the then-current non-promotional subscription rate. You agree to be responsible for any such charges, and we reserve the right to obtain payment directly from you if necessary. You may disable a Listing prior to the end of the term and thus remove the Listing from the Website, however, disabling a Listing will not cancel your subscription. No refunds or extensions of time are available for disabled or cancelled Listing subscriptions.
Supplier Rules and Restrictions
Separate terms and conditions will apply to your reservation and booking of vacation home rentals and travel-related goods and services that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of products, or services. You acknowledge that some vacation rental managers and third-party providers offering certain services and/or activities may require you to sign their rental agreement and/or liability waiver prior to participating in the service and/or activity they offer.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Elliott Realty urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov,http://www.faa.gov, http://www.cdc.gov, http://www.treas.gov/ofac and http://www.customs.gov.
BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, Elliott Realty, DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
Equal Housing Opportunity
Property owners and managers are subject to the federal Fair Housing Act, which prohibits "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make such preference, limitation or discrimination."
Elliott Realty supports Equal Housing Opportunity and we encourage users of our site to follow appropriate guidelines to comply with the Federal Housing Act, as well as any applicable state and local regulations.
Property Owner's & Manager's Responsibilities
As a property owner or manager you have a responsibility and a requirement under the law not to discriminate in the rental of property on the basis of race, color, religion, sex, handicap, familial status, or national origin.
You cannot instruct your agent to convey on your behalf any limitations in the rental because your agent is bound by law not to discriminate. Agents in a rental transaction are prohibited by law from discriminating on the basis of race, color, religion, sex, handicap, familial status, or national origin. They are prohibited from complying with a request from the property owner or manager to act in a discriminatory manner in the lease or rental. Moreover, a property owner or manager cannot establish discriminatory terms or conditions in the purchase or rental, deny that housing is available, or advertise that the property is available only to persons of a certain race, color, religion, sex, handicap, familial status, or national original.
As someone seeking to rent a home or condo, you have the right to expect that housing will be available to you without discrimination or other limitations based on race, color, religion, sex, handicap, familial status, or national origin. This includes the right to expect equal professional service, the opportunity to consider a broad range of housing choices, no discriminatory limitations on communities or locations of housing, no discrimination in the pricing or financing of housing, reasonable accommodations in rules, practices and procedures for persons with disabilities, and to be free from harassment or intimidation for exercising your fair housing rights.
If You Suspect Discrimination
Elliott Realty does not tolerate discriminatory advertisements. However, some content on this site is created by third-parties and/or contains hyperlinks to websites operated by parties other than Elliott Realty. To help ensure that any potentially discriminatory content is removed from this website, please contact us to notify us if you suspect discrimination in any of this content. You can also contact the U.S. Department of Housing and Urban Development.
We Do Not Provide Real Estate Services
Elliott Realty, or its affiliates, may refer independent real estate professionals, brokers, or agents to you and/or Customers; however, Elliott Realty does not engage in real estate broker services on your behalf. All real estate brokerage services are performed by independent, local brokers/agents that have been referred to you by Elliott Realty. The terms of any agreement between a real estate broker/agent and you are not endorsed, recommended, or otherwise known to or by Elliott Realty.
This Is A Listing Website/We Are Not A Party To Any Transactions Or Rental Agreement.
We urge all users to be responsible about their use of this Website 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. Elliott Realty acts as a listing website to allow homeowners and property managers who advertise on the Website (each, a "Manager") to offer for rent specific vacation rental properties to potential renters, including various ways for users to communicate with one another and enter into rental agreements or rental transactions.
We are not a party to the rental transaction between the traveler and the Manager. As a result, any part of an actual or potential transaction between a traveler and a Manager, including the quality, condition, safety or legality of the properties advertised, the accuracy of the listing content, the ability of Managers to rent a vacation property or the ability of travelers to pay for vacation rental properties are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into a separate rental agreement with the Manager prior to making a booking or purchasing a product or service and such agreement may place additional restrictions on your booking, product or service.
Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal compliance pertaining to rental properties listed on the Website, there may be circumstances where we are nevertheless legally obligated, as we determine in our sole discretion, to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.
When you inquire or book a vacation rental you will be dealing with Home Owners and Rental Company Managers directly, including but not limited to the Rental, Rental Fees, Payment Terms, Payment Processors or Providers, Security Deposits, Scheduled Payments, Cancellations, Refunds and Rental Agreements.
EACH USER AND RENTER ACKNOWLEDGES AND AGREES THAT: Elliott Realty is not a party to any payment transaction between Home Owners, Rental Company Managers and travelers. When using this website, when inquiring or booking a rental from a Home Owner or Rental Company Manager, they may offer Paypal or Authorize.net as a Payment Method directly to the Home Owner or Rental Company Manager. Please Visit PayPal.com or Authorize.net for more information and to review their Terms and Conditions.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available".
Neither Elliott Realty, its affiliated or related entities, nor any person or entity involved in the creation, production and distribution of these websites warrant that the functions contained in these websites will be uninterrupted or error free, that defects will be corrected, or that the server making content available will be free of viruses or other harmful components.
The content that you access on these websites is provided for information only and for your convenience. The content is provided "as is". All warranties are expressly disclaimed except for those incapable of exclusion by law. These disclaimed warranties include, but are not limited to, any and all, express or implied, and warranties of merchant ability and fitness for a particular purpose.
We expressly do not represent or warrant to you that:
1. The use of our Resources will meet your needs or requirements.
2. The use of our Resources will be uninterrupted, timely, secure or free from errors.
3. The information obtained by using our Resources will be accurate or reliable, and
4. Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
5. Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
6. No information or advice, whether expressed, implied, oral or written, obtained by you from Elliott Realty or through any Resources we provide will create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us will be limited to the amount you paid, if any, for use of products and/or services. Elliott Realty will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Availability of Services
Subject to the terms and conditions of this User Agreement and our other policies and procedures, we will use commercially reasonable efforts to attempt to provide this Site and the Services available at this Site on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this User Agreement. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service available at this Site on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto. See Warranties section herein.
Reviews, Comments and Other Submissions
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any vacation home rental reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Elliott Realty, and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:
1. Use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised;
2. Use the name that you submit in connection with such Submission. You acknowledge that Elliott Realty may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a vacation home rental review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant Elliott Realty the right to pursue at law any person or entity that violates your or Elliott Realty rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on this website.
Your submission constitutes your agreement with and acceptance of these terms and conditions.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from uploading, posting or transmitting or otherwise publishing to or from this Website any of the following:
1. Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
2. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party
4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising or solicitations;
6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
7. Viruses, corrupted data or other harmful, disruptive or destructive files; or
8. Content that, in the sole judgment of Elliott Realty, , is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Elliott Realty, or its affiliates or its users to any harm or liability of any type.
You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that Elliott Realty may exercise its rights (e.g. use, publish, delete, edit and modify) to any content you submit without notice to you.
Elliott Realty takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Elliott Realty liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Elliott Realty is not liable for any statements, representations or Content provided by its users in any public forum. Although Elliott Realty has no obligation to screen, edit or monitor any of the Content posted to or distributed by users, Elliott Realty reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Website at any time and for any reason.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that
1. You do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto;
2. You have no objection to the publication, use, modification, deletion and exploitation of the Content by Elliott Realty or its licensees, successors and assigns;
3. You forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and
4. You forever release Elliott Realty and its licensees, successors and assigns, from any claims that you could otherwise assert against Elliott Realty by virtue of any such moral rights.
Copyrights, Trademarks and other Intellectual Property
In addition to the terms outlined herein regarding intellectual property (IP), all content and materials available on www.malibupointevacations.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Elliott Realty and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Elliott Realty.
If you are an IP owner and you believe that your IP is being infringed by a property owner via a listing on this site, please note Elliott Realty is not responsible for property owners' listing content and will only remove clearly infringing content upon proper notice after resolution attempts between the IP owners and real property owners have proven unsuccessful. Elliott Realty is not able to mediate disputes between users and IP owners; therefore, IP owners are encouraged to resolve their disputes directly with the property owner who posted the content in question. If you are unable to reach the listing owner or need further assistance, please contact Elliott Realty and we may be able to perform a limited investigation of reasonable complaints and remove content in cases of clear infringement.
In accordance with the Digital Millennium Copyright Act (DMCA), please report any suspected violation to our designated agent at:
To the extent that any term herein is unenforceable under any federal, state or other applicable law, those terms are excluded, ignored or stricken, and the remaining terms herein remain in full force and effect. Any user or IP owner agrees that the parties will negotiate in good faith to resolve any dispute with Elliott Realty and if the dispute cannot be resolved in reasonable time, the complaining party understands and agrees that the dispute is SUBJECT TO ARBITRATION PURSUANT TO SC CODE OF LAWS, SECTION 15-48-10 ET SEQ. Should ARBITRATION prove unsuccessful, the parties understand and agree that South Carolina law applies and the dispute must be brought in a South Carolina court of competent jurisdiction.
Links to Third-Party Sites
This Website may contain hyperlinks to websites operated by parties other than Elliott Realty. Such hyperlinks are provided for your reference and convenience only. We do not control such websites and are not responsible for their content or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.