2210 Sycamore Drive Knoxville, TN 37921
TERMS OF SERVICE AGREEMENT
Revised: December 2017
The Site is available only to Users that can form legally binding contracts under applicable law. The Site and the materials located on or through the Site are provided for informational purposes only. You agree and acknowledge that we make no representation or warranty as to the accuracy of any information on the Site or linked to the Site. Any registration by, use of or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Service. By using the Service and/or the Site, you represent and warrant that you are 18 years of age or older and that you are fully able to enter into and to abide by all of the terms and conditions of these Terms of Service.
Although RBO247.com takes reasonable measures to ensure that your personal information is disclosed only to entities or individuals intended to service your requests, RBO247.com does not guarantee that the information you provide will not be intercepted by others.
DESCRIPTION OF SERVICES; RELATIONSHIP OF PARTIES
RBO247.com provides a listing service for homeowners and property managers (a “Listing Provider”) to offer vacation and short-term rental properties to potential renters (“Renters”). In addition, we may offer online booking, communication and other tools to facilitate transactions between Listing Providers and Renters. Even though RBO247.com allows Renters to book a rental and provides other services, we are not a party to any rental agreement or other agreement or transaction between Listing Providers and Renters. As a result, each Listing Provider and Renter is responsible for such agreements and transactions, including the condition, safety and legality of advertised properties, accuracy of listings, and ability of Renters to rent or pay for properties.
Renters agree to abide by all laws, rules and regulations applicable to their use of the Site, the RBO247.com Services, and any transaction they enter into through the Site. Listing Providers agree to abide by all laws, rules and regulations applicable to listing of rental properties on the Site and the conduct of their rental business, including without limitation those relating to taxes, credit cards, data privacy, zoning, licensing and permitting, safety and anti-discrimination.
While we take steps to verify the identity of our Listing Providers (see “Our Verification Process” at http://rbo247.com/verify.asp), we do not assume any responsibility for the confirmation of each User’s identity. We encourage Renters to take reasonable measures to assure themselves of the identity of a Listing Provider and the applicable property, and we similarly encourage Listing Providers to take measures to assure themselves of the identity of Renters.
You agree that, if you obtain other Users’ personal information through the Site or through communication related to the RBO247.com Services, you may only use that information for: (i) Site-related communications that are not unsolicited commercial messages, (ii) using services through the Site and (iii) inquiring about or otherwise facilitating a transaction between you and the other User related to the purpose of the Site. Using such information for any other purpose absent such User’s consent is strictly prohibited.
At this time, RBO247.com does not charge you a fee to use the RBO247.com Services. However, should RBO247.com impose any service fees, your use of this Site constitutes your agreement with such form of compensation. Users agree not to encourage other Users to circumvent any service fee we charge.
RBO247.com’s relationship to Users is that of an independent contractor, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is created by these Terms of Service or by your use of the Site.
Each Listing Provider represents that: (i) it has all necessary rights and authority to rent the property listed by such Listing Provider, (ii) it will not wrongfully withhold a rental deposit or refuse a refund (in accordance with the terms of any rental agreement), (iii) it will accurately describe each rental property and not fail to disclose a material defect in or other material information about such property, and (iv) it will not wrongfully deny access to the rental property. If you are using the Site on behalf of a business entity, you represent that you have the authority to bind the entity to these Terms of Service. Upon our request, each Listing Provider agrees to promptly provide us proof of such Listing Provider’s identification, proof of ownership of (or other right to rent) the listed property, proof of accuracy of a listing’s content, and such other information as we may reasonably request.
INTELLECTUAL PROPERTY MATTERS
All contents of this Web site are owned by RBO247.com. Copyright © 2017 RBO247.com, 2210 Sycamore Drive Knoxville, TN 37921 , U.S.A. All rights reserved. Other product and company names mentioned herein, including the names of participating Listing Providers, may be the trademarks of their respective owners. You agree to abide by all copyright notices, information and restrictions relating to the Site. Copying, storing or otherwise accessing the Site or any RBO247.com Services other than for your personal, noncommercial use (other than in accordance with a valid property listing) is expressly prohibited without our prior written consent. Notwithstanding the foregoing, you may, without our consent, download, display and/or print one copy of any portion of the Site for reference as part of the rental inquiry or reservation process, provided that such copy is for your personal, noncommercial use, is not modified or distributed further, and that you reproduce our copyright notice in such reproduction.
We do not tolerate the posting of any content that infringes another person’s intellectual property rights and may terminate, under appropriate circumstances, a User who repeatedly provides infringing content.
Users are granted a limited, revocable, non-exclusive license to access the Site and the RBO247.com Services for the purposes of advertising a property, searching for a property, renting a property, researching or inquiring about renting a property and any other purpose clearly stated on the Site. Any other use of the Site is expressly prohibited unless we provide prior written authorization of such use.
If you submit any User-provided content to us, you grant to us and our affiliates a perpetual, worldwide, irrevocable, non-exclusive, fully paid-up license to use, copy, sublicense, distribute, display, reproduce, transmit, modify and otherwise exploit such content in connection with the business of RBO247.com and its affiliates. You further grant us and our affiliates the ability to register copyright in and protect User-provided content you provide from the unauthorized use of such content by unaffiliated third parties and agree to assist us (at our expense and control) in protecting such materials from unauthorized distribution.
If you submit photographs of a rental property, you agree to submit only photographs that (i) do not include persons without their legal consent or otherwise infringe on a person’s privacy or intellectual property rights and (ii) depict the rental as the main subject of the photograph. Further, if you submit photographs, you represent, warrant and covenant to us that (i) you hold all intellectual property rights in each photograph, (ii) that any persons in photographs have given consent for their likeness to be used, (iii) that each photograph fairly represents the subject of such photograph and that such photograph has not been altered in a misleading way, and (iv) you will indemnify and hold harmless RBO247.com and its affiliates from any cause of action arising from any misrepresentation allegedly contained in or alleged infringement by, a photograph.
RBO247.com assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. While RBO247.com tries to ensure that the content on RBO247.com is complete, up-to-date, readily available and clearly explained, RBO247.com does not have a duty to pre-screen User-provided content and cannot guarantee that the Site will always be operating or that its content will always be accurate. RBO247.com will not be responsible for any loss or damage related to the accuracy, correctness or completeness of the information. You agree that all of the information you will provide via any of the RBO247.com requested forms will be true, accurate and complete and will not misappropriate another's identity or misrepresent your relationship with any person or entity.
We reserve the right to reject posting on the Site or to remove from the Site any User-provided content that we deem, in our sole discretion, not to comply with these Terms of Service or with other content guidelines we may implement from time to time. We also reserve the right to edit User-provided content solely to cause the content to comply with these Terms of Service or with other content guidelines we may implement from time to time, to conform to formatting requirements or standards, or to provide services to Users to create or improve listings. Users remain responsible for reviewing their User-provided content to ensure its accuracy.
Without limiting any other requirements applicable to User-provided content, such content shall: (i) not infringe anyone’s privacy, intellectual property, or other rights, violate the law or otherwise be offensive or inappropriate, (ii) not include personal information of another person, (iii) not include unsolicited promotional content or advertising (other than rental properties advertised through the Site consistent with the Site’s purpose and these Terms of Service), (iv) be directly related to the Site’s purpose, (v) not be obscene, discriminatory or illegal; and (vi) not be false, inaccurate or misleading in any respect.
The use of some of the RBO247.com Services may require the use of a password and/or login ID (“Login Credentials”). You agree to (i) keep Login Credentials strictly confidential, providing them only to authorized users of your accounts, (ii) instruct anyone to whom you give your Login Credentials that they are not to be disclosed to any unauthorized person, and (iii) notify us immediately and reset your login credentials if you believe your Login Credentials are known to an unauthorized person or if you are contacted by anyone requesting your Login Credentials. If we suspect any unauthorized access to your account, upon our request, you agree to promptly change your Login Credentials and take other actions as we may reasonably request. EACH USER AGREES THAT NEITHER RBO247.COM NOR ITS AFFILIATES WILL HAVE ANY LIABILITY FOR UNAUTHORIZED TRANSACTIONS MADE USING A USER’S LOGIN CREDENTIALS.
Google Maps linked or provided on the Site are subject to the Google Maps terms and conditions, located at https://www.google.com/intl/en-US_US/help/terms_maps.html. Mapfit Maps linked or provided on the Site are subject to the Mapfit APIs Terms of Service, located at https://mapfit.com/terms Amazon logos and information comply with Amazon Associates Program Trademark Guidelines located at https://affiliate-program.amazon.com/help/operating/policies#Associates%20Program%20Trademark%20Guidelines
With respect to outside search engines and search tools included on the Site, we are not responsible for whether contents of the Site appear, how results from the Site appear or the order in which contents of the Site appear in search engines.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
All content on RBO247.com is intended to be accurate and reliable. However, RBO247.com cannot guarantee the accuracy of any content provided on the site. The RBO247.COM SERVICES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS, WHERE IS AND WITH ALL FAULTS." RBO247.COM DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS SITE OR THE RBO247.COM SERVICES IS AT YOUR OWN RISK. RBO247.COM, ITS SUPPLIERS AND/OR THIRD PARTIES WITH WHOM IT WORKS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR SERVICES OR WITH THE DELAY OR INABILITY TO USE RBO247.COM, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RBO247.COM AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENTS THEREOF. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED TEN DOLLARS ($10.00). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR OUR AFFILIATES WILL CREATE A WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, OR TO DENY ACCESS TO THE SITE TO ANYONE AT ANY TIME. YOU AGREE AND ACKNOWLEDGE THAT WE SHALL NOT HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE SITE.
As a condition of your use of the Site, you agree to indemnify RBO247.com and its owners, officers, employees, advisors, affiliates and suppliers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of the Site, including, without limitation, any claims alleging facts that if true would constitute a breach by you of this Agreement.
LINKS TO THIRD PARTIES
The Site may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. RBO247.com does not operate or control in any respect any information, software, products or services available on such websites. The inclusion on the Site of any link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization by RBO247.com.
ERRORS AND DELAYS
RBO247.com is not responsible for any errors or delays in responding to a qualification form or referral form for any reason whatsoever, including but not limited to, delays caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND RBO247.COM WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
Any claim or controversy arising out of or relating to the use of the Site, the RBO247.com Services, to the goods or services provided by RBO247.com, or to any acts or omissions for which you may contend RBO247.com is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The venue for any such arbitration shall be in Knoxville, Tennessee. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to RBO247.com. All costs associated with arbitration will be paid by the initiating party. To begin the arbitration process, a party must make a written demand therefore.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Knoxville, Tennessee. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and RBO247.com, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Knoxville, Tennessee. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
By using the RBO247.com Services you consent to these restrictions.
This Agreement and the other agreements referenced herein constitute the entire agreement between you and RBO247.com and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and RBO247.com with respect to the RBO247.com Services. This Agreement shall be subject to and construed in accordance with the laws of the State of Tennessee. If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
We reserve the right, in our sole discretion to amend these Terms of Service at any time. Notification of any amendment will be provided solely by indication of the last amendment date at the top of the Terms of Service and will be effective immediately upon posting.
We may assign these Terms of Service in our sole discretion without your consent.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
2210 Sycamore Drive Knoxville, TN 37921
Revised: December 2017
INFORMATION WE COLLECT
Depending on which of the Site’s services you use, we may collect personal information that can identify you such as your name, email address, telephone number, and location. This information is necessary to process requests for information and provide other services through the Site. Disclosing personal information through our website means that the information can be stored and transmitted to our third-party servers and service providers.
We also collect information automatically from your browser when you visit the Site. This information includes but is not limited to, your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from the Site and the referring website address.
The Site and its third-party partners may set cookies, for example, to keep track of your preferences and profile information. Cookies are also used to collect general usage and volume statistical information that does not include personal information. We may use other companies to place cookies on your computer to collect non-personally identifiable information to compile aggregated statistics for us about visitors to the Site.
We also may use third-party tracking technologies (e.g. Google Analytics) on the Site. This information does not identify you personally and is used in aggregate for Site performance purposes.
Third-parties, including authorized service providers, advertising companies, and ad networks, may display advertisements on or otherwise provide or advertise services through the Site. These companies may use similar tracking as described above, such as cookies, to measure user interaction with advertisements.
If you are a Listing Provider (as defined in our Terms of Service) and would like to create a rental property listing, we may collect additional contact information and information about the rental property you are listing.
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, amend, delete/remove or deactivate it by making the change on your listings or by emailing our Customer Support at admin@RBO247.com or by contacting us by telephone or postal mail at the contact information listed below.
We may post customer reviews on the Site which may contain personally identifiable information.
Renters (as defined in our Terms of Service) may send inquiries to Listing Providers (as defined in our Terms of Service) via links on the Site. If you send an inquiry through these links, your personal information will be visible to the Listing Provider so that they can reply directly to you. Personal information may also be sent to us, and we may have access to such communications even if you contact a Listing Provider directly. Such communications may also be hosted on, processed by or transmitted through our servers. In addition, we may share inquiries directed to us with applicable Listing Providers in appropriate circumstances.
USE OF INFORMATION COLLECTED
We will share your personal information with third parties only in the ways that are described in this privacy statement. We do not sell your personal information to third parties. We will only share information with:
1. Authorized Service Providers: Your information may be sent to our authorized service providers that perform certain services on our behalf in connection with your booking of a rental property through RBO247.com.
2. RBO247.com Staff: Your information will be shared indirectly with employees and contractors that work to facilitate your request.
We also may disclose your information:
3. In response to a subpoena, court order, or a request for cooperation from law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law.
4. In connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of the Site, the users of the Site, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
5. In the event of a business transition, such as a merger or acquisition by another company, sale of all or a portion of assets, divestiture, or bankruptcy. Your personally identifiable information will likely be among the assets transferred.
How Google uses data when you use our partners’ sites or apps
You can choose not to provide us with certain information, but that may limit our ability to provide services through the Site. Should you wish to give information over the phone versus the internet, please call 865-888-6956 and a representative will take your information.
RBO247.com takes appropriate steps to keep your personal information from unauthorized access. Only authorized employees and authorized third-party service providers are permitted to access personal information, and they may do so only for permitted business functions. In addition, your personal information is stored in an encrypted database, and we use firewalls to help prevent unauthorized persons from gaining access to your personal information.
RBO247.com assures its users that it will take every step to handle personal information in a responsible manner. However, no system can be completely secure. The security of your personal information is important to us. When you enter sensitive information (such as credit card number), we encrypt that information using secure socket layer technology (SSL). Although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information. Please refer to the Federal Trade Commission's website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.
OTHER INFORMATION ABOUT OUR PRIVACY PRACTICES
RBO247.com is intended for those 18 years of age or older. We do not knowingly collect personal information from minors.
Users from outside the United States
If you are visiting our website from outside the United States, please be assured that we seek to take reasonable steps to ensure that your privacy is protected. However, data protection and other laws in your country may be different. Please understand that we operate under laws in the United States.
No Rights of Third Parties
Phishing and Spoofing
We do not ask for your personal information by email. If you receive an unsolicited email that appears to be from us or from a Listing Provider that requests personal information, such as your credit card, login or password, or that asks you to verify or confirm your account or other personal information by clicking on a link, do not provide the information or click on the link. The email was likely sent by a “phisher” or “spoofer” attempting to illegally obtain your personal information. Please contact us at admin@RBO247.com if you receive such an email.
If we decide to change our privacy practices, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we change how we use your personally identifiable information, we will notify you here, by email, or by means of a notice on our home page.
How to contact us
2210 Sycamore Drive Knoxville, TN 37921