Terms and Conditions of Use
We do not own nor can we contract for any vacation rental property listed on the Site.
Welcome to Aamerican Property Management! By using or accessing Aamerican Property Management (the "Site"), you acknowledge that you agree to and are subject to the following terms and conditions (the "Terms"). If you do not fully agree to these Terms, you may not access or otherwise use the Site. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and Aamerican Property Management, Inc. ("Aamerican Property Management", "we", , “our”, “site”, “provider”, "us" or "our").
1. The Site is a Venue.
1.1. PLEASE BE ADVISED THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION. We do not own nor can we contract for any vacation rental property listed on the Site. Instead, the Site acts as a venue to allow a user of our Site (each, a "user") to offer for rent, or rent, in a variety of pricing formats, a specific vacation rental property to potential renters (each, a "user rental prospect" and, collectively with a user, the "users"). We are not involved in the actual transaction between user rental prospects and users, which enable a user rental prospect to enter into a transaction to lease a specific property directly from the user of that property. As a result, the quality, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property or guest book review), the ability of users to rent vacation property or the ability of user rental prospects to pay for vacation rental properties are solely the responsibility of the users.
2. Personal Use.
2.1. We do not charge a fee to users to advertise the vacation rental properties on the Site and we do not charge user rental prospects to access the Site and research listings. Accordingly, we grant users a limited, revocable, non-exclusive license to access the Site to, as applicable, advertise vacation rental properties subject to our approval and right to remove and/or research, view or make legitimate inquiries to users regarding their interest in particular vacation rental properties for their personal use, all in accordance with these Terms. Any other use of the Site is expressly prohibited. Importantly, this license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so using an easily identifiable agent. "General purpose internet search engine" does not include a website or search engine or other service that provide classified listings or property rental advertisements, or any subset of the same, or which is in the business of providing vacation property rental services.
3. Proprietary Rights and Downloading of Information From the Site.
3.1. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The text, files, images, photos, maps and other materials on the Site (collectively, the "content") are only for your personal use. All content on the Site, and the Site itself, is protected by copyright and database rights, and you will abide by any and all additional copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying or storing of any content for other than for your personal, noncommercial use is expressly prohibited without the prior written permission from us or the applicable copyright holder. As part of the rental inquiry process, for your own personal, noncommercial use and not for further distribution, you may download, display, and/or print one (1) copy of any portion of the Site.
4. Unauthorized Use.
Unless otherwise provided within these Terms, or unless otherwise applicable law requires us to allow you to do so, you may not do any of the following without our prior written consent:
Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the 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 Site;
Reverse engineer any part of this Site;
Sell, offer for sale, transfer, or license any portion of the 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 or any portion of the Site;
Use the Site other than to advertise and/or research Aamerican Property Management and to make legitimate inquiries to our users;
Use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, 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;
Post or transmit any information that constitutes or contains false or misleading indications of origin or statements of fact;
Use or access the Site in any way that, in our sole discretion, adversely affects the performance or function of the Site, or any other computer systems or networks used by us or the Site, or infringes on our copyright or any copyright of our users;
Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of publicity or privacy or any other proprietary rights;
Upload or transmit to the 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, or intercept, the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of any third party; or
Disguise the origin of the information transmitted through the Site.
5. Changes to Site.
5.1. We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Site without notice or liability.
7. Data Transmittal.
7.1. Each user acknowledges and agrees that, regardless of such user's physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States.
8. Identity Verification.
8.1. User verification on the Internet is difficult and we cannot and do not confirm each user's purported identity. We encourage you to communicate directly with a user rental prospect or user directly or through the tools available on the Site, if any.
9. Limitations of Use of Other User's Information; No Spam.
9.1. You agree that, with respect to other users' personal information that
you obtain through the Site or through any Site-related communication or
any Site-facilitated transaction, we have granted to you a license to use
such information only for: (a) any Site-related communications that are not
unsolicited commercial messages, (b) using services offered through the Site,
(c) directly facilitating a financial transaction between you and the other
user and (d) any other purpose that a user expressly agrees to after you
tell them the purpose you would like to use it for. 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,
can 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, and you assume all liability for the misuse,
loss, or unauthorized transfer of such information.
9.2. We do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has rented a vacation property from you or to you, to your mailing list (email or physical mail) without the user's express consent.
10. Use of Email Tools.
10.1. You may not use the "Email This Item to a Friend" service or other email services that we may offer to send spam or otherwise send content that would violate these Terms. We do not permanently store email messages or the email addresses sent from these tools. If you send email using the "Email This Item to a Friend" service to an email address that is not registered in our community, we do not use that email address for any purpose other than to send your email. We do not rent or sell these email addresses.
11.1. We do not and cannot review all content posted to the Site by users, or by other users or user rental prospects who may have posted on the Site a review of or guest book entry for any particular rental property, and we are not responsible for any such materials posted by such users, user rental prospects or other users. All property listings on the Site are submitted by the user and are the responsibility of the user, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, property reviews, guest book entries, or any alleged breaches of contract on a user's part. If you are a user, by accepting these Terms to list on the Site, you agree to indemnify and hold the Site and any user of the Aamerican Property Management Group (as defined below) harmless against all costs, expenses and losses arising out of a claim relating to the content of your advertisement. Users are solely responsible for keeping their property information up to date on the Site, including, but not limited to any and all representations about any property, its amenities, location, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property 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 user rental prospects have searched for specific special offers, dates, or types of properties. Users are solely responsible for ensuring the accuracy of any property descriptions. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these terms.
12. Limitation of Liability.
12.1. IN NO EVENT WILL THE SITE, AAMERICAN PROPERTY MANAGEMENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND/OR EMPLOYEES (COLLECTIVELY, THE "AAMERICAN PROPERTY MANAGEMENT GROUP") BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR SITE, THESE TERMS, YOUR USE OF THE SITE AND/OR ANY TRANSACTION BETWEEN USERS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY 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 THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANOTHER USER OR THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAUNST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY USER OF THE AAMERICAN PROPERTY MANAGEMENT GROUP, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US.
13.1. 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. 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.
13.2. YOU ACKNOWLEDGE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU ACKNOWLEDGE THAT BY SUBMITTING COMMUNICATIONS TO US AND BY POSTING INFORMATION ON THE SITE, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
14.1. 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), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE AND ANY USER OF THE AAMERICAN PROPERTY MANAGEMENT GROUP, 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.
15.1. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE SITE AND ANY USER OF THE AAMERICAN PROPERTY MANAGEMENT GROUP (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 (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION), ANY CONTENT POSTED BY YOU TO THE 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.
16. Choice of Law and Forum.
16.1. ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMABLE AND/OR SOLD IN THE STATE OF FLORIDA, UNITED STATES OF AMERICA, AND YOU IRREVOCABLY AGREE THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THESE TERMS WILL BE FILED IN BREVARD COUNTY, FLORIDA WHICH WILL BE THE VENUE OF ANY LEGAL DISPUTE. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA. IF SUIT IS BROUGHT AGAINST AAMERICAN PROPERTY MANAGEMENT AND WE SUCCESSFULLY DEFENDS ANY ACTION BROUGHT AGAINST US, RELATING TO THE SITE OR MANAGEMENT THEREOF, OWNER/USER and/or TENANT/USER AGREE(S) TO PAY ALL COSTS INCURRED BY US IN CONNECTION WITH SUCH ACTION, INCLUDING OUR ATTORNEY(S) FEE(S).
17. Notification of Claims of Infringement.
17.1. We will not participate in any manner whatsoever or take and actions whatsoever if you believe and notify us that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated.
18. No Agency.
18.1. Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.
19.1. Except as explicitly stated otherwise, any notices shall be given
(in the case of you contacting us) by email to 2apm.com or
by postal mail to:
144 Ocean Terrace
Indialantic, FL 32903
or, when we need to send you notice, to the email or mail address you provide. Notice shall be deemed given upon receipt or 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any address provided to us during the registration process (as applicable). In such case, notice shall be deemed given three days after the date of mailing.
20.1. We reserve the right, in our sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Notification of changes to these Terms will be posted on the Site and will be effective immediately thereafter. Your continued use of the Site following the posting of any such change, modification or amendment will constitute your acceptance thereof.
21. Links to Third-Party Sites.
21.1. This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. 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-party sites or the contents thereof.
22. Your Record of These Terms.
22.1. We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.
23.1. These terms constitute the entire agreement between us and you with respect to your use of the Site. We may immediately terminate any user's access to or use of the Site due to such user's breach of these Terms or If suit is brought and SITE successfully defends any action brought the User/Owner and/or User/Tenant agree(s) to pay all costs incurred by the SITE in connection with such action, including attorney(s) fee(s). User/Owner and/or User/Renter agrees to hold the SITE harmless from all damage suits in connection with their use of the SITE, from liability from injury suffered by an employee or another person whomsoever, and from any negligent act of the tenant. The Agent for Owner also shall not be liable for any error in judgment or for any mistake of fact or law, or for anything which he may do or refrain from doing hereunder, except in the case of willful misconduct. All parties hereto agree that the venue (jurisdiction) for any and all litigation is Brevard County, Florida. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
IF SUIT IS BROUGHT AGAINST AAMERICAN PROPERTY MANAGEMENT OR WE SUCCESSFULLY
DEFENDS ANY ACTION BROUGHT AGAINST US, RELATING TO THE SITE OR MANAGEMENT
THEREOF, OWNER/USER AND/OR USER/RENTER AGREE TO PAY ALL COSTS INCURRED BY
US IN CONNECTION WITH SUCH ACTION, INCLUDING OUR ATTORNEY(S) FEE(S).
Additional Terms and Conditions Applicable to Our Users
24. User Eligibility; Accuracy of Information.
24.1. Our services may only be used by users who can form legally binding
contracts under applicable law. If you are registering as a business entity,
you represent that you have the authority to bind the entity to this Agreement.
24.2. Each user further represents and covenants that any information submitted to the Site during such user's registration with the Site shall be true and correct. Your listing as submitted will auto-expire at the end of the 60-day period.
25. Content, Layout and Copy.
25.1. We reserve the right to determine in our sole discretion the final
design, layout and functionality of our Site, which is subject to change
from time to time without notice.
25.2. We reserve the right, in our sole discretion, to review and edit copy or amend the content, layouts or photographs supplied by any user. All content and copy edits submitted by users are subject to review and approval by us in our sole discretion.
25.3. Notwithstanding our right to edit and amend the content, copy and photographs, we do not accept 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 user or edited or amended by us.
26.1. No printed (paper based) photographs may be submitted by a user and
if submitted will be discarded. Regretfully, we are unable to return such
photographs to you or retain paper copies in our files.
26.2. We may reproduce and submit to law enforcement any photograph submitted, and we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard.
26.3. By submitting a photograph electronically through the Site the user 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 any people in the photograph have given permission for their likeness to be displayed in an online advertisement, (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 it will indemnify and hold harmless the Site and any user of the Aamerican Property Management Group from any cause of action arising from any misrepresentation with respect to any and all the photographs so submitted.
27. Copyright Grant.
27.1. If you are a user, by accepting these Terms and by posting a listing
on the Site, 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 content you
post on the Site or the websites of our affiliates, and you grant the Site
and its holding company, Aamerican Property Management the
ability to copyright and protect the images, copy, and content available
via your listing from the unauthorized use by unaffiliated third parties
who may, from time to time, attempt to pirate such information via electronic
or other means. We need these rights to host and display your listing. You
further agree to assist us-at our expense and control-to protect such copyrighted
material from unauthorized redistribution. We are not responsible for any
infringement or violation of laws resulting from content supplied by any
user and each user will indemnify and hold harmless the Site and any user
of the Aamerican Property Management Group against any action
brought for breach of copyright or other rights from the use of such content
supplied by such user. Each user hereby waives and releases all rights to
any claim against us for any alleged or actual infringement of any proprietary
rights, rights of privacy and publicity, moral rights and rights of attribution
in connection with any content posted or provided to us by such user.
27.2. Each user agrees that we may reproduce in whole or in part any photographic material supplied by such user in the promotion of either such user's property or the promotion of the Site.
27.3. It is the user's responsibility to obtain reproduction permission for all photographic and other material used in their advertisements. The user warrants that he is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained.
28. Hypertext Links.
28.1. We reserve the right to refuse hypertext links to, or addresses of, other web sites from users' pages, and to remove links or web addresses without notice at our sole discretion.
29. Guest Books/Property Reviews.
29.1. Any entries in the guest book or property review section of any user's listing must be genuine comments from guests who have stayed at the property advertised. The e-mail address(es) of the guest(s) whose comments are given must be supplied by a user to us upon our request.
30. Substitution of Properties.
30.1. Each advertisement may only relate to a specific property. The property in an advertisement may not be substituted by another property. If a user submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property.
31. Advertising More than One Property on One Advertisement.
31.1. Each advertisement on the Site displays an individual and uniquely identified property available for less than a 3-month 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. We reserve the right to amend the copy or remove any advertisement when more than one property is described in such advertisement.
32. Unauthorized Payment Methods
A user/owner may not request any user rental prospect to mail cash, or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a property rental transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the Site from time to time may result in the immediate removal of the non-conforming listing from the Site without notice to user and without refund. All payments are to be made directly to the user/owner. Payments sent thru the “MAKE PAYMENT” link of the site will incur a 5.0% processing charge and the remaining balance will be forwarded to the owner/user or returned to the user/rental prospect if forwarding information is not provided. That “Make Payment” link is for use by Aamerican Property Management tenants. If no information is provided for forwarding and/or returning the balance, the amount is forfeited.
33. Termination of Listing
33.1. All listings are to run the full term that is 60-days. The property posting opportunity is only offered in cases where the property is offered for rent less than 3 months of the year. If you are dissatisfied with your initial listing for ANY REASON during the service, it can not be cancelled without forwarding a cancellation notice and making a payment $50.00.
Listing may not be removed by an owner having posted the listing.
If you renew your listing, you do so with the understanding that it will remain online for 60-days only.
33.2. We reserve the right to refuse in our sole discretion any advertisement
submitted to us either through our online submission process or sent to our
offices for us to load or post onto the Site. We may refuse to publish the
advertisement for any reason, and each current or prospective user expressly
agrees to release and hold us harmless from any loss or liability that may
arise from such a decision.
33.3. If, in our sole discretion, any user submits unsuitable material to our Site or into our database, persistently misuses the Site or our online systems, or is in material breach of these Terms, we reserve the right to remove immediately such user's property from the Site.
33.4. If we become aware of or receive a complaint from any person or entity regarding a user's listing or rental practices that, in our sole discretion, warrants the immediate removal of such user's allegedly offensive listing from the Site (for example, and without limitation, if a user double-books a property for multiple user rental prospects on the same date, or engages in any practice that, in our sole discretion, would be considered unfair within the vacation rental industry, or if we receive a complaint that any listing's content infringes on the rights of a third party), then we may immediately remove the allegedly offensive listing from the Site without notice to the user. If we conclude, in our sole discretion, that any such complaint is meritorious, then we may permanently remove the offensive listing from the site without notice to the user.
33.5. If any user is in breach of these Terms or its obligations to us then we may immediately remove such user's listing from the Site without notice to the user.
34. Transfer of Listing.
No listing may be transferred to another party, except that if a user sells the property that is listed.
35.1. Payment must be made in U.S. Dollars paid by U.S. bank direct transfer
All payments are to be made directly to the user/owner. Payments sent thru the “MAKE PAYMENT” link of the site will incur a 5.0% processing charge and the remaining balance will be forwarded to the owner/user or returned to the user/rental prospect if forwarding information is not provided. That “Make Payment” link is for use by Aamerican Property Management tenants. If no information is provided for forwarding and/or returning the balance, the amount is forfeited.
[End of Terms and Conditions]
I value putting the right deal together vs. simply pursuing a commission or fee.
The Manager, Tenant and Owner have to be willing to enter into forthright and honest business dealings.
There are Property/Owner situations, however rare, that have to be avoided and in the past I have actually returned properties when circumstances dictated.