Terms of Use
iRentLand.com Terms of Use Agreement
iRentLand.com, along with its associated websites and mobile content (“Website”), is owned and operated by IRENTLAND LLC. (“IRENTLAND”). IRENTLAND is a booking service that allows users (herein referred to as “land owners”, or “outdoor enthusiasts”, or “guides”, and collectively “users” or “members”) to list and rent land properties (“Services”). IRENTLAND LLC makes these Services available through this Website and subject to these terms and conditions (“Agreement”). Please take the time to review this Agreement in full as it controls and governs your relationship with IRENTLAND and your use of the Services.
BY USING OR ACCESSING WWW.IRENTLAND.COM (EACH REFERRED TO HERIN AS A “SITE” OR “WEBSITE”) WHICH IS OPERATED BY IRENTLAND LLC, A WISCONSIN COMPANY, YOU ACKNOWLEDGE THAT YOU AGREE TO AND ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, AS WELL AS OUR PRIVACY POLICY (COLLECTIVELY, THE “TERMS”). IF YOU DO NOT FULLY AGREE TO THESE TERMS, PRIVACY POLICY AND ANY OTHER TERMS AND CONDITIONS POSTED OR LINKED TO ANY SITE, YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SITE. UNDER THESE TERMS, “USE” OR “ACCESS” OF THE SITE SPECIFICALLY INCLUDES ANY DIRECT OR INDIRECT ACCESS OR USE OF THE SITE OR ANY CACHED VERSION OF THE SITE AND ANY DIRECT OR INDIRECT ACCESS OR USE OF ANY INFORMATION OR CONTENT ON THE SITE, REGARDLESS OF HOW OBTAINED AND THE TERM “SITE” INCLUDES, WITHOUT LIMITATION, ANY CACHED VERSION THEREOF. YOU ARE REQUIRED TO READ ALL SECTIONS OF THIS AGREEMENT, INCLUDING THOSE RELATING TO ARBITRATION AND YOUR WAIVER OF CLASS ACTION RIGHTS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF THE WEBSITE AND DELETE ANY ACCOUNT THAT YOU MAY HAVE CREATED WITH THE WEBSITE. IRENTLAND RESERVES THE RIGHT TO AMEND, MODIFY, REPLACE, OR SUSPEND THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THE WEBSITE AFTER IRENTLAND AMENDS, MODIFIES, OR REPLACES THESE TERMS CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE AMENDED, MODIFIED, OR REPLACED TERMS. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) OR THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU ARE EXPRESSLY PROHIBITED FROM USING THIS WEBSITE.
1. USER WARRANTIES
You warrant that you are age eighteen (18) or over, or that you are of the age of majority within your jurisdiction. You further warrant that you are of sound mind, have the capacity to contract, and are competent to agree to be bound by and comply with the terms of this Agreement. You warrant that your use of the Website and Services does not violate any law,
regulation, ordinance, statute, or treaty that is applicable to individuals located in the jurisdiction in which you live. You warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting Agreement. If you are accessing the Website or using the Services on behalf of a governmental organization, non-governmental organization, or business entity, you warrant that you are an authorized agent that has the authority to and can bind said governmental organization, non-governmental organization, or business entity to the terms of this Agreement.
Warnings of Suspicious Activity: While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. In the event we do provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm, result or action.
2. PRIVACY POLICY
This is our Privacy Policy (“Privacy Policy”), which we have created to inform you of the types of information that we collect from you. We have also created this Privacy Policy to inform you of how we use that information because we believe in transparency and value your privacy.
We may change or discontinue this Privacy Policy at any time, and we reserve the right to do so. If you continue to use the Website or App after we change the Effective Date, you agree to our change to the Privacy Policy.
Your email Address and Data; Our Privacy Policy; Data Transmittal.
When you provide your email address to us in connection with any service or tool provided on The Site or otherwise, you agree to allow The Site and its affiliated websites to add your email address to our database of users. You may receive one or more promotional emails from The Site. You are welcome to opt not to receive such promotional emails from The Site.
Please review our Privacy Policy for more information regarding our email and other data collection practices and safeguards, and how to opt not to receive such emails. Your use of The Site signifies your acknowledgment of and agreement with our Privacy Policy.
In the event that you use any of our tools that we may from time to time offer that integrate in any way with a third-party website to which you have provided data or information, you acknowledge and agree that such third-party website shall be responsible for how the data or information you have provided to such website is handled.
Identity Verification.
User verification on the Internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of each user’s purported identity. We encourage you to communicate directly with other users through the tools available on The Site though even this does not assure you of the identity of the person with which you are communicating.
You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or
that you did not intend or want performed.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) The Site or IRENTLAND, LLC WILL NOT HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR SITE ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH The Site AND OTHER USERS. FURTHER, WE MAY, WITHOUT NOTICE TO YOU, SUSPEND OR CANCEL YOUR LISTING AT ANY TIME EVEN WITHOUT RECEIVING NOTICE FROM YOU IF WE SUSPECT, IN OUR SOLE DISCRETION, THAT YOUR ACCOUNT WITH US OR YOUR EMAIL ACCOUNT IS BEING USED IN AN UNAUTHORIZED OR FRAUDULENT MANNER.
Limitations on Communications and Use of Other Users’ Information; No Spam.
You agree that, with respect to other users’ personal information that you obtain directly or indirectly from or through The Site or through any Site related communication, transaction or software, we have granted to you a license to use such information only for: (a) Site related communications that are not unsolicited commercial messages, (b) using services offered through The Site, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other user
related to the purpose of The Site. (such as inquiring about or booking an online booking or charging a personal credit card) Any other purpose will require express permission from the user. You may not use any such information for any unlawful purpose or with any unlawful intent.
In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in
accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has rented land property from you or to you, to your mailing list (email or physical mail) without the user’s express consent. You may not use any tool or service on The Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these
Terms. You are responsible for all content you provide to The Site or through any tool or service provided on The Site.
We have no duty to prescreen content posted on The Site by members, outdoor enthusiasts, or other users, whether directly contributed by the user or contributed by us or a third party on behalf of the user (including, without limitation, property listings, reviews of a property, participation in an interactive community, forum or blog (each an “Interactive Forum”) or any other content provided by a user to The Site), (collectively, “user contributed content”). We are not responsible for user contributed content. “User contributed content” also includes information that a user provided to a third-party website which is then provided to our Site by any tool we offer.
We reserve the right to decline to permit the posting on the Site of, or to remove from The Site, any user contributed content that fails to meet our content standards, any other standards posted on a Site or if it otherwise violates these Terms, each as determined at our sole discretion. We may also remove user contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing
the posting of such content, has/have been apparently breached in respect of such content, as determined in our consent. Finally, we reserve the right (but do not assume the obligation) to edit a member’s content or user contributed content in a nonsubstantive manner solely to cause the content to comply with our content standards or formatting requirements.
At a minimum, user contributed content must:
- not infringe anyone’s rights, violate the law or otherwise be inappropriate;
- not include personal information that can be used to identify or contact any person;
- not include promotional content that would promote other websites, businesses, services or products unaffiliated with The Site without our express permission;
- not be obscene, abusive, discriminatory or illegal content; or
- not be false or misleading
Land Listings: All listings on The Site are the sole responsibility of the member (who may be the owner or a property manager or duly authorized property manager or agent of the owner) and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, reviews, or any alleged breaches of contract on a member’s part. Members are solely responsible for keeping their listing information up-to-date on The Site, including, but not limited to any and all representations about any land, its amenities, location, price, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, reviews, guest book
entries, property location, suitability, pricing or availability information published on The Site is accurate or up-to-date even in the case where prospective outdoor enthusiasts have searched for specific special offers, dates, or types of properties. We may from time to time provide or facilitate services to Members to create or improve the quality of their listings. However, we assume no responsibility to verify property listings. Members are solely responsible for ensuring the accuracy of any property descriptions, and outdoor enthusiasts are solely responsible for verifying the accuracy of such descriptions.
Responsibility for All Other User Contributed Content: All other user contributed content is the sole responsibility of the user who contributed such content, whether such user contributed the content directly or through a third party website. Users are solely responsible for their user contributed content and we specifically disclaim all liability for user contributed content.
The user represents and warrants that the user owns or otherwise controls and have all legal rights to the user’s submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the user contributed content. We reserve the right to request a proof of ownership or permission, and to refuse to post user generated content without such proof or if such proof is, in our sole discretion, insufficient.
License and Rights Granted to Us: By submitting or authorizing user contributed content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your user contributed content, in connection with our business or the business of our affiliates. Notwithstanding the foregoing, following the termination or expiration of a property listing subscription, we will not continue to display the user contributed content that was displayed in such listing.
You further grant us and our affiliates the ability to copyright and protect the user contributed content, including the images, copy, and content available via any member’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. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. You further agree to assist us-at our expense and control-to protect such copyrighted material from unauthorized redistribution.
You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of the member’s property listing or otherwise provide promotional or other services related to our business.
Further, each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member’s property or the promotion of The Site.
In the event that it is determined that you retain any rights of attribution, integrity or any other moral rights in any user contributed content, you hereby declare that you do not require that any personally identifying information be used in connection with the user contributed content or any derivative works thereof and that you have no objection to the publication, use, modification, deletion or exploitation of the user contributed content by us or our affiliates.
We adhere to strong principles of privacy and user contributed content may be disclosed only as provided in these Terms or our Privacy Policy.
Social Media or Third Party Websites.
The Site may now or in the future offer a tool or service which allows us to access or use any profile or other information about you that you have provided to Facebook or another third party website (each a ” Social Media Site “) and you decide to use such a tool or service, you acknowledge and agree that:
(i) The information or content that are a part of your Social Media Site profile, which you have designated as “public” (or a similar designation) (with such information or content and referred to herein as “Social Media Content”) may be accessed and used by us in connection with The Site;
(ii) The Social Media Content will be considered “user generated content” under these Terms and both you and we shall have the same rights and responsibilities as you and we have with respect to user generated content under these Terms;
(iii) In the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse; and
(iv) The operation of your profile and account with and on the Social Media Site shall continue to be governed by the terms and conditions and privacy policy of such Social Media Site.
3. PROPRIETARY RIGHTS AND DOWNLOADING OF INFORMATION FROM THE SITE
The Site and all content and information on The Site are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on The Site. Copying, storing or otherwise accessing The Site or any content on The Site for other than for your personal, noncommercial use is expressly prohibited without prior written permission from us.
4. OVERVIEW OF THE SERVICES PROVIDED
The Site and all content and information on The Site are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on The Site. Copying, storing or otherwise accessing The Site or any content on The Site for other than for your personal, noncommercial use is expressly prohibited without prior written permission from us.
“Reservation Request” means a Outdoor Enthusiast’s request for a Booking.
“Reservation Request Period” is the period of time in which the Landowner or Guide may review, accept, or reject an Outdoor Enthusiast’s Reservation Request.
“Outdoor Activity” is any or all the listing types including hunting, camping, fishing, ATVing, snowmobiling, and professional guide services.
IRENTLAND is a service provider and offers its technologies and services to match Landowners and Guides with Outdoor Enthusiasts to make efficient use of Properties. But IRENTLAND is NOT an owner or operator of the Properties and is NOT renting, leasing, selling, or otherwise conveying any property interest in any Property whatsoever. Instead, IRENTLAND’s role is limited to providing
the Website and Services. You understand and agree that IRENTLAND is not sponsoring, recommending, or endorsing the Properties or the details of any Listing.
IRENTLAND DOES NOT CONTROL THE CONTENT IN THE LISTINGS AND DOES NOT INDEPENDENTLY VERIFY THE STATEMENTS, PICTURES, CONDITION, SUITABILITY, OR OTHER INFORMATION CONTAINED WITHIN A LISTING. IRENTLAND IS NOT RESPONSIBLE FOR ANY LIABILITY RELATED IN ANY WAY TO PROPERTIES, LISTINGS, OR RESERVATIONS AND EACH MEMBER, LANDOWNER, GUIDE, USER, OR OUTDOOR ENTHUSIAST EXPRESSLY AGREES TO PROCEED AT THEIR OWN RISKS.
IRENTLAND IS NOT A LICENSED REAL ESTATE AGENT, BROKER, SALESPERSON, LANDLORD, OR ANY OTHER ROLE RELATING TO THE SALE OR CONVEYANCE OF A PROPERTY INTEREST IN REAL PROPERTY.
ANY DISPUTES REGARDING USE OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO CONDITION OF THE PROPERTY, SUITABILITY OF THE PROPERTY, CONDITION OF THE PROPERTY,
OR ANY AND ALL CLAIMS FOR ANY INJURIES OF ANY KIND RELATED TO USE OF THE PROPERTY IN ANY MANNER WHATSOEVER ARE SOLELY BETWEEN THE LANDOWNER OR GUIDE AND THE OUTDOOR ENTHUSIAST AND DO NOT INVOLVE IRENTLAND.
5. PROPERTY LISTINGS
To be available for Bookings through the Website, the Landowner or Guide will have the opportunity to include details about the Property or Guide Services, including its features, pricing, suitability, and other factors in a Listing. Further, the Landowner or Guide will be permitted to state additional rules, regulations, restrictions, and conditions regarding the use and Reservation of the Property or Services. Landowners and Guides understand and agree the information they provide regarding the Listing, including the Listing’s address, will be made public and will be viewable to Website visitors, even those visitors that are not Members.
Landowner and Guides are permitted to submit Listings for Reservations through the Website and Services. Members that submit Listings warrant and represent the information provided about the Property or Service is: (1) true and accurate; (2) not in violation of any rights of third-parties or contractual rights; (3) not in violation of any local, state, or federal law, including zoning ordinances, regulations, or other requirements; (4) carries any and all required local, state, or federal permits that are required; (5) is being offered for a Booking during a permitted time period for the associated outdoor activity as regulated by local, state, or federal law; and (6) is owned or under control of the Landowner or Guide. Landowner or Guides are solely responsible for all information contained within a Listing.
IRENTLAND reserves the right to reject or remove any Listing in its sole and absolute discretion for any reason or no reason whatsoever.
Landowner and Guides understand and agree the Listing Price submitted with the Listing must be honored and Landowner and Guides are prohibited from requiring an Outdoor Enthusiast to pay more than the Listing Price to the Landowner or Guide. If the Landowner or Guide and the Outdoor Enthusiast agree to any terms not included in this Agreement, those terms are subject to an agreement between Landowner or Guide and the Outdoor Enthusiast and does not include IRENTLAND as a party to the Agreement.
Landowners and Guides understand and agree IRENTLAND does not provide Landowner or Guide or any Member with insurance of any sort. Landowner or Guides are strongly encouraged to obtain the appropriate insurance on any Property subject of a listing through the Website or Services.
Outdoor Enthusiasts who make a reservation are responsible for anyone and everyone in their party and must ensure they abide by these Terms of Use.
6. RESERVATION REQUESTS
Outdoor Enthusiasts may request a Reservation from the Landowner or Guide of a Listing for the Property. By making this request, the Outdoor Enthusiast agrees and understands his or her personal information submitted to the Website, including its Member Account information, may be disclosed to the Landowner or Guide. Landowner or Guides are permitted to review the Outdoor Enthusiast’s information and accept or reject the Reservation Request.
IRENTLAND does NOT pre-screen Outdoor Enthusiasts that make Reservation Requests, and takes no responsibility whatsoever for the Outdoor Enthusiasts that book a Reservation
with a Landowner’s Property or Guide’s Services. Further, IRENTLAND is not responsible for any content within a Listing or the Landowner or Guide’s compliance with any local, state, or federal laws, including but not limited to specific regulations regarding hunting seasons, rules, or other specific regulations.
7. ACCEPTED RESERVATION AND PAYMENT OF RESERVATION PRICE
If the Landowner or Guide accepts a Reservation Request, the Outdoor Enthusiast will be prompted to remit payment of the full Reservation Price plus the Booking Fee. Upon full payment, the Outdoor Enthusiast will be provided the Landowner or Guide’s contact information, land access information, and other information regarding the Property or Service.
8. OBLIGATIONS OF OUTDOOR ENTHUSIAST
By making a Reservation request, Outdoor Enthusiast understands and agrees: (1) Outdoor Enthusiast will obey all local, state, and federal laws, including laws and regulations specific to the activity or activities they will participate in for which they made the reservation; (2) Outdoor Enthusiast possesses all required licensing and training necessary to legally and safely engage in such activities; (3) to always use best practices regarding the safe handling of equipment; (4) to respect the Landowner or Guide’s property and cause no damage, harm, destruction, or litter to the property; (5) to not overstay the Reservation period and to vacate the premises as required in the Listing; and (6) Outdoor Enthusiast acquires no property interest in the Property whatsoever. Further, Outdoor Enthusiast understands and agrees Outdoor Enthusiast is solely responsible for any and all actions taken on the Property.
9. PAYMENT TERMS
To complete a Booking, Outdoor Enthusiasts will be prompted to pay the Booking Rate and Booking Fee, and any applicable sales tax. IRENTLAND will collect and retain the Booking Fee, collect and remit any applicable sales tax, and collect and remit the Booking Rate to the Landowner or Guide, less the Booking fee which will be retained by IRENTLAND.
All payments for Services offered through the Website, including but not limited to all Booking Rates Booking Fees, are non-refundable. You hereby authorize IRENTLAND’s payment processing agent to charge your credit card (or other approved payment facility). You further agree to pay all fees and charges on time, including any and all recurring payments, and IRENTLAND may terminate or disable your access to Website and Services the if you fail to pay any amount owed to IRENTLAND when due. You agree that you will pay all costs of collection, including legal fees, incurred by IRENTLAND in collecting any amount that you owe to IRENTLAND.
Booking fees charged to Landowners and/or Guides equal 10% of the total reservation amount before taxes and fees. This means if a reservation total is $200.00 before taxes and fees, the landowner or guide will receive a check for $180. Booking fees charged to Outdoor Enthusiasts equal 20% of the pre-tax total of the reservation. These fees are charged to cover (among other things) taxes, payment processing fees, administrative costs, website maintenance costs, and government fees such as excise taxes, occupancy taxes, regulatory fees. Outdoor Enthusiasts also pay $1.00/day as a “Land Conservation Fee”.
Landowners and guides whose land and/or services are booked will be mailed a check as payment for the rentals of their listings when outdoor enthusiasts book them. Checks are mailed once a month within the first give business days of the month and will pay out any rental that concludes during the previous month.
10. TAXES
Pursuant to various state and federal laws, IRENTLAND may be required to address taxes in connection with the Services, including but not limited to collecting taxes from Booking Rates and Booking Fees. Further, IRENTLAND may collect IRS Form W-9 information and other tax related information from Landowner or Guides, depending on location and relevant laws. IRENTLAND is not responsible for determining the correct amount of taxes you may owe and this is your sole responsibility.
11. REFUNDS
All Booking Rates and Booking Fees are non-refundable. Outdoor Enthusiasts may request that a Landowner or Guide change their reservation date, but it is the sole discretion of the Landowner or Guide to accept or deny this request.
12. USER GENERATED CONTENT
IRENTLAND may provide Members with the ability to upload or transmit user-generated content to or through the Website, including, but not limited to, photographs, images, text, comments, videos, audio files, profile information, name, likeness, advertisements, listings, information, and designs (collectively “User-Generated Content”). Except as otherwise provided herein, Members own all rights in and to their User-Generated Content. By submitting User-Generated Content to the Website, Members grant IRENTLAND a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use the User-Generated Content for the customary and intended purposes of the Website and Services. These purposes may include, but are not limited to, providing you or third parties with the Website or Services and archiving or making backups of the Website. You agree to waive all moral rights in and to your User-Generated Content across the world, whether you have or have not asserted moral rights in or to your User-Generated Content.
By submitting User-Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User-Generated Content submitted. You warrant that any User-Generated Content that you submit will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violation any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international. Though IRENTLAND undertakes commercially reasonable efforts to ensure that communications through the Website are secure, IRENTLAND makes no guarantee or warranty that your use of the Website or Services will be secure. You acknowledge and agree that all messages or content posted or transmitted by you through the Website or Services will be deemed to be readily accessible to the general public, and consequently should not be considered private, confidential, or proprietary. Consequently, you should not use the Website or Services for any communication that you intend for only you and the intended recipient(s) to read.
13. RESTRICTIONS OF USE OF THE WEBSITE AND SERVICES
You are expressly prohibited from making any use of the Website or Services outside of those uses explicitly stated under the terms of this Agreement. You explicitly agree not to reproduce, prepare derivative works of, distribute, perform publicly, display publicly, scrape, frame, hack, reverse engineer, crawl, or aggregate the Website, whether in whole or in part, without the prior written consent of IRENTLAND. This prohibition on crawling or aggregating does not apply to search engines that appropriately comply with IRENTLAND’s robots.txt file. The following is a non-exhaustive list of prohibited conduct, which shall be determined in IRENTLAND’s sole discretion:
Transmitting unsolicited commercial email messages through the Website or to users of the Website;
Imposing a disproportionate load on the Website or its server infrastructure, or otherwise attempting to interfere with the operation of the Website;
Circumventing IRENTLAND’s technological or security protection mechanisms;
Using a robot, spider, scraper, or other automated technology to access the Website;
Attempting to gain access to the private data or personal information of a user or the Website or a third party;
Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
Harassing a user of the Website;
Harassing a third party through your use of the Website;
Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
Posting or transmitting content that infringes upon the intellectual property rights of other uses of the Website or third parties; or
Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter.
You understand that IRENTLAND does not perform any background checks on its users, visitors, or Members, whether criminal or otherwise. You are responsible for investigating the background of any Member that you interact with through the Website or Services.
14. MEMBER ACCOUNTS
IRENTLAND requires you to register an account (“Account”) to become a Member to use additional areas of the Website, including the ability to post a Listing or make a Reservation Request. You may only use your Account, and you are expressly prohibited from providing
additional parties with access to your Account. You agree that, in registering an Account, you will provide IRENTLAND with accurate, complete, relevant, and current information. You are solely responsible for maintaining the security and confidentiality of your username and password, and for any access to your Account, whether authorized or unauthorized. In the event your Account is accessed without your authorization, you agree to immediately provide notice to IRENTLAND.
15. COMMUNICATION WITH YOU
By submitting your contact information to the Website, including registering an Account, you agree that IRENTLAND may contact you at the contact information that you have provided to IRENTLAND, including, but not limited to, through e-mail or telephone. You understand and agree that you may opt out of future correspondence from IRENTLAND by either clicking the unsubscribe link within the e-mail sent to you by IRENTLAND, or by terminating your Account.
Unsolicited Ideas: From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“submissions”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions. If you provide any submissions to us, you agree that: (1) your submission and its contents will automatically become the property of The Site, without any compensation to you; (2) The Site may use or redistribute any such submission and its contents for any purpose and in any way; (3) there is no obligation for The Site to review any submission; and (4) there is no obligation to keep any submission confidential.
16. IRENTLAND AS A SERVICE PROVIDER
You understand and agree that IRENTLAND provides the Website and Services as a service and takes no responsibility and cannot be held liable or responsible for any communication or conduct of users of the Website, whether through Accounts or otherwise. You acknowledge that IRENTLAND is considered a computer service provider under Section 230 of the Communications Decency Act and, though IRENTLAND may edit, remove, or control the content displayed through the Website, you agree that IRENTLAND will not be considered an information content provider and will not be held liable for the republication or tortious content created by third parties, whether through the Website or otherwise.
17. THIRD PARTY LINKS
You understand and agree that the Website may contain links to third party websites that are not owned or controlled by IRENTLAND. IRENTLAND will not be held liable or responsible for the content of third party websites, and you are advised to review the terms of use agreements and privacy policies of those websites. Links to and from The Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third party site, such as a Social Media Site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
18. COPYRIGHT POLICY
The Website and its associated content and services are © 2021 IRENTLAND, LLC.
If you believe that a user of the Website, or IRENTLAND, this Site, or anything contained herein, has infringed upon your copyright rights, you may provide IRENTLAND a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act.
Upon receipt of a notice that complies with this section, IRENTLAND will make a good faith attempt to notify the owner or uploader of the allegedly infringing content so that they can respond with a counter-notification.
This notice of copyright infringement must contain the following:
The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work(s) alleged to have been infringed;
The location of the copyrighted work(s) on the Website; • Your contact information, such as an address, telephone, fax number, or email address;
A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
If you are a Website user who believes that content subject to a notice of copyright infringement is not infringing, you may submit a counter-notification. This counter-notification must contain the following:
Identification of the specific materials that have been removed from the Website;
Your contact information, such as an address, telephone, fax number, or email address;
A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
A statement that you consent to the jurisdiction of the federal district court in which your address is located or in which IRENTLAND is located;
A statement that you will accept service of process from the notifying party; and
Your physical or electronic signature.
Notifications of copyright infringement and counter-notifications must be submitted to IRENTLAND at [email protected].
All content and copy edits submitted by members are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine, in our sole discretion, does not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any member. All content must meet the content standards. We reserve the right to edit content submitted to The Site in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements. Members are responsible for reviewing and ensuring that any content displayed on The Site appears as the member intended.
19. TERM AND TERMINATION
This Agreement will remain in full force and effect until terminated under the terms of this Agreement. Your termination of your Account will not terminate any obligation that you may have to make payment to IRENTLAND for amounts due and owing. IRENTLAND may terminate this Agreement without liability at any time, without notice, and for any reason, including, but not limited to, for your violation of a term or condition of this Agreement.
20. DISCLAIMER WARRANTIES
IRENTLAND PROVIDES THE WEBSITE AND SERVICES ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, ACCURACY, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO UNDERSTAND YOUR RIGHTS UNDER THE LAW.
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 HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. 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 AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THE MAY BE OFFERED ON THE SITE) THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.
YOU FURTHER ACKNOWLEDGE THAT BY DISPLAYING INFORMATION OR LISTINGS IN PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK AND ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO TRAVEL TO ANY DESTINATION.
21. LIMITATION OF LIABILITY
IN NO EVENT WILL IRENTLAND LLC, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE “SITE”), OR ANY THIRD PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY SITE OF A MEMBER OF THE SITE (EACH A “THIRD PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY
INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE RELATED TO THE BUSINESS WE OPERATE ON THE SITE BY YOU OR ANY THIRD PARTY (E) ANY USER CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR SITE AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SITE AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY 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 THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR ANOTHER USER OF 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 SITE, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $50.00 IN THE AGGREGATE FOR ALL CLAIMS.
IRENTLAND DOES NOT AND CANNOT GUARANTEE 100% UPTIME OF THE WEBSITE AND YOU AGREE IRENTLAND IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER IN CONNECTION WITH ANY INTERRUPTION OF SERVICES PROVIDED THROUGH THE WEBSITE OR IN CONNECTION WITH ANY INTERRUPTION OF USE OF THE WEBSITE.
22. INDEMNIFICATION
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 OR USER CONTRIBUTED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE EACH MEMBER OF THE SITE, EACH OF THEIR 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.”
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH MEMBER OF IRENTLAND LLC (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHTOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED 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 IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
23. ASSIGNMENT
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. IRENTLAND may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
24. RESOLUTION OF DISPUTES AND GOVERNING LAW
This Agreement will be governed by and interpreted in accordance with the laws of the State of Wisconsin, without regard to the conflicts of laws principles.
YOU AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES YOU BRING AGAINST IRENTLAND ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR CONCERNING THE VALIDITY, INTERPRETATION, BREACH, VIOLATION, OR TERMINATION OF THIS AGREEMENT. THIS ARBITRATION WILL BE HELD IN MILWAUKEE, WISCONSIN AND WILL BE HELD IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR WILL DECIDE THE CLAIM ON THE BASIS OF THE LEGAL PRINCIPLES AND LAWS
OF THE STATE OF WISCONSIN AND WILL HAVE THE DISCRETION TO AWARD ALL COSTS AND ATTORNEYS’ FEES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND IRENTLAND AGREE THAT THE DETERMINATION OR AWARD OF THIS ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT THAT HAS JURISDICTION OVER THE SUBJECT MATTER OF THE DISPUTE. YOU AND IRENTLAND AGREE THAT THE PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF WISCONSIN IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND IRENTLAND HEREBY AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL AND SUBJECT MATTER JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
IRENTLAND reserves the right to bring any claims against any users of its Services in the state or federal courts located in Milwaukee, Wisconsin or to bring the same in accordance with the Arbitration provision above.
YOU EXPRESSLY AGREE TO BE SUBJECT TO THE EXCLUSIVE PERSONAL JURISDICTION IN THE STATE AND FEDERAL COURTS OF MILWAUKEE, WISCONSIN AND WAIVE ANY AND ALL CLAIMS WHICH MAY INVOLVE JURISDICTION OR VENUE, INCLUDING BUT NOT LIMITED TO FORUM NON CONVIENS.
Notwithstanding the foregoing, all parties subject to this Agreement retain the right to file any claim that is not a class action and which is properly within the limited jurisdiction of a small claims court within small claims court.
You understand and agree that you are explicitly waiving your rights to participate as a class representative or a class member in any class action lawsuit or arbitration proceeding arising out of or in relation to this Agreement. You also explicitly waive any right to assert consolidated claim with respect to any lawsuit or arbitration proceeding that may arise out of or in relation to this Agreement.
You agree that that the arbitrator of any claim or dispute arising out of or in relation to this Agreement will be prohibited from granting consequential, special, indirect, incidental, punitive, or exemplary damages against IRENTLAND.
ALL PARTIES TO THIS AGREEMENT UNDERSTAND AND AGREE THAT ALL DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE DISPUTE AROSE AND EXPLICITLY WAIVE ANY AND ALL OTHER STATUTE OF LIMITATIONS OR TIME BARS.
25. PHOTOGRAPHS
All printed (paper based) photographs submitted by a member will be discarded after we have scanned the same into our electronic database. We have no responsibility to return
such photographs to you. We will use reasonable efforts to reproduce faithfully any photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard.
Photographs should depict the land property as the main subject of the photograph and may not include children or adults. Photographs must meet our content standards. We reserve the right not to display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.
By submitting a photograph either electronically through The Site or by mailing a paper photograph to our offices, the member represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) 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 (c) that it will indemnify and hold harmless The Site and any member of the THE SITE from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted.
It is the member’s responsibility to obtain reproduction permission for all photographic and other material used in its advertisements. The member warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request.
Further, each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member’s property or the promotion of The Site.
26. USES OF OUR TRADEMARKS OR LOGOS
There are limited ways in which you may use our trademarks or logos without specific prior written authorization. The following are general guidelines: It is usually permissible for you to refer to The Site which you list your property in a descriptive manner in your listing on The Site or in other permissible communications. For example, you might say “Check out my Land Listing on www.irentland.com,” or “I list properties on www.irentland.com.” However, you may not refer to The Site in any way that might lead someone to believe that your company or site is sponsored by, affiliated with, or endorsed by IRENTLAND LLC. For example, you may not say “www.irentland.com recommends my land,” or describe your property as “www.irentland.com’s best land.” You may not use the IRENTLAND name, logo, URL, or any other likeness on any other website that lists land or property rentals without our prior written authorization.
27. HYPERTEXT LINKS
We reserve the right to refuse hypertext links to, or addresses of, other web sites from members’ pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.
28. SUBSTITUTION OF PROPERTIES; ADVERTISING MORE THAN ONE PROPERTY; PROPERTY MANAGERS
Each advertisement must relate to an individual and uniquely identified property. This means that:
(a) The property in an advertisement may not be substituted for another property without our consent. We may approve a request if the property that was listed was sold or the contract with the owner was cancelled and the member provides sufficient proof thereof and completes any additional request forms we may request.
If a member submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and may choose, in our sole discretion, to retain any fees associated with the term of the previously existing listing as compensation for the violation of this condition.
(b) The listing specifically cannot be a mere example of properties in a given area. Only one property can appear on each advertisement. We reserve the right to amend the copy or remove any advertisement when more than one property is described in such advertisement, and may choose, in our sole discretion to retain any fees associated with the initial term of such non-conforming listing as compensation for the violation of this condition.
29. SERVERABILITY
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
30. INTEGRATION
This Agreement, and its incorporated Privacy and Copyright policies, constitutes the entire agreement between the parties with respect to the use of the Website and its associated services. There are no further understandings, agreements, or representations with respect to the subject matter of this Agreement. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind IRENTLAND.
31. WAIVER
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
32. RESERVATION OF RIGHTS
All rights not expressly granted herein are reserved to IRENTLAND, including the right to suspend or refuse to provide services to Users, Members, Landowners or Guides, Outdoor Enthusiasts, or visitors to the Website in IRENTLAND’s sole and absolute discretion.
By using The Site, you agree to these Terms of Use.