|
Terms and conditions of using the following Boise Property Management Group, LLC websites-bpmgidaho.com, bpmidaho.com, bcpidaho.com, boisepropertymaintenance.com, and v-vrentals.com
We do not charge renters, occupants, lessees, or vacationers to access any of these websites. However, this site is only to be used by a renter, occupant, lessees, or vacationer, and any use by a person or entity for any purpose other than the research and subsequent residential, commercial rentals or booking of a vacation rental is strictly prohibited. By visiting this site, you are subject to the following terms and conditions:
1)
Personal use:
The site must not be used for any reason other than to
view or make legitimate inquiries regarding your
interest in particular rental properties.
2)
Downloading of information from the Web site:
As a part of the rental inquiry process, for your own
purposes and not for further distribution, you may
download, display, or print one (1) copy of any portion
of the content. You may not modify the Content in any
way, and you must reproduce the copyright notice in the
form “© 2006 – 2011 BPMG, LLC. - All Rights reserved on all pages that you might download or wish to copy.
3)
Unauthorized use:
Unless otherwise provided within these Terms, or unless specific applicable law requires BPMG, LLC to allow you to do so, you may not do any of the following without the prior written consent of the BPMG, LLC:
Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Content in any form whatsoever
Reproduce our content on your Web site using any device including, but not limited to, use of a frame or border environment around the Web site, or other framing technique to enclose any portion or aspect of the Web site, or mirror or replicate any portion of the Site;
Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Web site;
Reverse engineer any part of this Web site;
Sell, offer for sale, transfer, or license any portion of the Web site in any form to any third parties
Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the Content;
Use the Web site other than to make legitimate inquiries to BPMG, LLC or its advertisers;
Use the Web site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms.
Use or access the Web site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by BPMG, LLC, or infringes on our copyright or the copyright of our advertisers;
Upload or transmit to the Web site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of our Web site, or appropriate the Web site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;
Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that impose an unreasonable load on our equipment; or
Disguise the origin of the information transmitted through the Web site.
4)
Limitation of Liability. IN NO EVENT WILL BOISE PROPERTY MANAGEMENT GROUP, LLC. BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, EVEN IF BOISE PROPERTY MANAGEMENT GROUP, LLC HAS 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 EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST BOISE PROPERTY MANAGEMENT GROUP, LLC WITH RESPECT TO THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND THIS WEBSITE.
5)
Release. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE BPMG, LLC, ITS AFFILIATE WEBSITES AND ITS
AFFILIATES, PARTNERS, SERVICE PROVIDERS, VENDORS, AND
CONTRACTORS AND 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,
LIABILITIES, 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 YOUR USE OF THE SERVICE.
6)
Inquiries. When you use BPMG, LLC to send an inquiry to an advertiser, you agree to allow BPMG, LLC or its affiliated websites to add your email address to our database of customers. You will not receive a promotional email from BPMG, LLC or its affiliated websites. You are welcome to opt not to receive emails from any of our affiliated websites at any time.
Terms and conditions of advertising on BPMG, LLC or its affiliated websites:
1. Layout and copy:
1.1 BPMG, LLC reserves the right to determine the final design, layout and functionality of our website which is subject to change from time to time without notice.
1.2 BPMG, LLC reserves the right to edit copy or amend the layouts or photographs supplied, in order to create a more uniform and pleasant advertising environment for our visitors.
1.3 BPMG, LLC reserves the right, at its discretion, to amend and edit copy entered into the BPMG, LLC online database by owners/advertisers. All copy edits submitted by owners/advertisers are subject to review and approval of BPMG, LLC in its sole opinion.
1.4 Notwithstanding its right to edit and amend copy and photographs, BPMG, LLC accepts and holds no liability for any loss or damage resulting from the design or positioning of the properties or changes made to the photographs and copy submitted by the owner/advertiser or edited by BPMG, LLC staff.
2. Accuracy:
2.1 All listings on BPMG, LLC, as submitted by the owner/advertiser and amended from time to time by BPMG, LLC staff, are the responsibility of the owner/advertiser, and BPMG, LLC specifically disclaims any and all liability arising from the alleged accuracy of the listings, or any alleged breaches of contract on an advertiser's part. By accepting these Terms and Conditions and listing your property on BPMG, LLC, you agree to indemnify and hold BPMG, LLC and its affiliates harmless against all costs, expenses and losses arising out of a claim relating to the content of an advertisement.
2.2 Owners/advertisers are solely responsible for keeping their information up to date on BPMG, LLC, including, but not limited to any and all representations about the property, its amenities, location, and its availability for a specific date or range of dates. BPMG, LLC makes no representation or warranties that any of the copy or availability information published on BPMG, LLC is accurate or up-to-date even in the case where visitors have searched for specific special offers, dates, or types of properties.
3. Photographs:
3.1 All printed (paper based) photographs submitted to BPMG, LLC by the owner will be discarded after we have scanned them into our electronic database. (Sorry, but we can neither return them nor keep copies of paper photographs on file.)
3.2 Every effort will be made to reproduce faithfully all photographs submitted, but BPMG, LLC cannot be held responsible for any loss or damage or otherwise resulting from errors or omission.
3.3 By submitting a photograph either electronically through our website or by mailing a paper based photograph to our offices, the Owner/advertiser is representing an warranting that (a) he holds all intellectual property rights with respect to each submitted photograph, or (b) he has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, and (c) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement, and (c) 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 (d) that he will indemnify and hold harmless BPMG, LLC and its affiliates from any cause of action arising from any misrepresentation with respect to any and all the photographs so submitted.
4. Liability:
4.1 BPMG, LLC does not warrant that the operation of the BPMG, LLC site will be uninterrupted or error-free.
4.2 In no event shall BPMG, LLC be liable to the advertiser for any special, consequential, incidental or indirect damages, including lost profits.
5. Copyright:
5.1 By accepting these Terms and Conditions and by listing on BPMG, LLC, the Owner/advertiser grants to BPMG, LLC and its affiliates a fully paid up license to use the copy, the photographs, the likenesses (if any) on its website or the websites of its affiliates and grants BPMG, LLC and its holding company WVR Group, Inc. the ability to copyright and protect the images, copy, and information available via the Owner/advertiser’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. BPMG, LLC is not responsible for any infringement of copyright laws resulting from material supplied by the Owner/advertiser and the Owner/advertiser indemnifies BPMG, LLC against any action brought for breach of copyright or other rights from the use of such material supplied by the advertiser.
5.2 BPMG, LLC shall be entitled to reproduce part or whole of any photographic material supplied by the advertiser in the promotion of either the Owner/advertiser’s property or the promotion of BPMG, LLC.
5.3 BPMG, LLC claims copyright to the electronic images of the photographic material supplied by BPMG, LLC or its advertisers, and the Owner/Advertiser will assist BPMG, LLC —at BPMG, LLC and Owner/Advertisers expense and controlled by BPMG, LLC —to protect its copyrighted material from unauthorized redistribution.
5.4 It is the Owner/advertiser’s responsibility to obtain reproduction permission for all photographic and other material used in their advertisements. The advertiser warrants that he is the owner of the copyright in such material or is authorized by the owner thereof to grant to BPMG, LLC the rights therein contained.
6. Hypertext links:
6.1 BPMG, LLC reserves the right to refuse hypertext links to, or addresses of, other web sites from advertisers' pages, and to remove links or web addresses without notice at our sole discretion.
6.2 BPMG, LLC reserves the right to charge for hypertext links at any time.
7. Guest books:
7.1 Any entries in the guest book section must be genuine comments from guests who have stayed at the property advertised. The e-mail address of the guests whose comments are given must be supplied on request.
9. Advertising more than one property on one advertisement:
9.1 Each advertisement on the BPMG, LLC site displays an individual and uniquely identified property available for short term vacation rental. The listing specifically cannot be a mere example of properties in a given area. Only one property can appear on each advertisement, unless it is a property with multiple rental units on the same site, and additional advertising units are purchased. BPMG, LLC reserves the right to amend the copy or remove the advertisement, when more than one property is described in the advertisement, and may choose, in its sole discretion to retain any unearned fees associated with the initial term of such non-conforming listing as compensation for violating this condition.
10. Termination of advertising:
10.1 All listings are sold to run the full period that is chosen by the Owner/advertiser. Listings removed at your request prior to the completion of their full run area not subject to a refund.
10.2 BPMG, LLC reserves the right to refuse any listing submitted to BPMG, LLC either through its online submission process or sent to our offices for us to load onto the website. We can refuse to publish the ad for no reason, and you specifically agree to hold us harmless for any loss or liability that may arise from such a decision.
10.3 If you submit unsuitable material into the BPMG, LLC on-line database, or persistently misuses the on-line systems, BPMG, LLC reserves the right to remove the property from the BPMG, LLC site. No refunds will be paid.
10.4 If BPMG, LLC receives a complaint from a person who has rented an advertiser’s property which BPMG, LLC, acting reasonably, considers to be justified, or if you double-book a property for multiple renters on the same date, or if you engage in any business practice that would be considered within the vacation rental industry to be unfair, or if you are in breach of your obligations to BPMG, LLC, then BPMG, LLC reserves the right to remove the property from the BPMG, LLC web site without notice.
11. Payment:
11.1 Payment for listings must be made in U.S. Dollars paid either by major credit and debit cards, or a check drawn on a U.S. bank.
12. Legal jurisdiction:
12.1 Any and all BPMG, LLC services and products are performable and/or sold in the State of IDAHO, United States of America, and you irrevocably agree to that any cause of action you may submit will be filed in ADA COUNTY, IDAHO which will be the venue of any legal dispute. You also agree that any dispute will be governed by the laws of the State of Idaho.
|
