AGREEMENT OF TERMS
These Terms of Use constitute a legally binding agreement between Emerald Coast Premier Rentals, LLC (“we”, “us”, or “our”) and you, whether you are acting on behalf of an entity or personally (“you”), regarding your use and access of the Emerald Coast Premier Rentals website, as well as any mobile website, mobile application, media form, media channel or other related or linked content (collectively, the “Site”). Your access to and use of the Site signifies your agreement to abide by all of the terms and conditions set forth in these Terms of Use. If you do not agree with any provision of these Terms of Use, you are expressly prohibited from using the Site and you must immediately discontinue any use.
Supplemental terms and conditions, along with other documents, which may be posted on the Site from time to time, are hereby incorporated by reference. We reserve the right, at our sole discretion, to change or modify these Terms of Use at any time, for any reason. We will inform you of any such changes by updating the “Last updated” date of these Terms of Use. You waive the right to receive specific notice of each change. It is your responsibility to periodically review these Terms of Use to stay informed of any updates. Your continued use of the Site after the date on which any revised Terms of Use are posted means you accept and agree to the changes in such revised Terms of Use.
These Terms of Use stipulate that the information made available on the Site is not intended for dissemination to, or use by, any person or entity in any jurisdiction or country where such dissemination or use would be prohibited by law or regulation, or which would require us to fulfill any registration obligation in that jurisdiction or country. As such, individuals who opt to access the Site from other locations do so on their own volition and are entirely liable for adhering to local laws, if and to the extent that local laws are relevant.
It is important to note that the Site is designed for individuals who have attained at least 18 years of age. Those under the age of 18 are not authorized to utilize or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
The Site is our exclusive property, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, collectively referred to as “Content”. The trademarks, service marks, and logos displayed on the Site (the “Marks”) are owned or licensed to us, and are protected by copyright and trademark laws, as well as various other intellectual property and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and Marks are provided on the Site “AS IS” for informational and personal use only.
Except as expressly authorized in these Terms of Use, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited for commercial purposes without our prior written consent.
Subject to your eligibility to use the Site, we grant you a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
USER REPRESENTATIONS
When accessing and using the Site, you are making the following representations and warranties: (1) you are of legal age and have the capacity to agree to these Terms of Use; (2) you are not considered a minor in your place of residence; (3) you will not use any automated or non-human methods, including but not limited to bots and scripts, to access the Site; (4) you will not use the Site for any purpose that is illegal or unauthorized; and (5) your use of the Site will comply with all applicable laws and regulations.
If you provide any information that is inaccurate, incomplete, outdated, or false, we reserve the right to suspend or terminate your account and restrict your access to the Site, in whole or in part.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
USER GENERATED CONTRIBUTIONS
The Site may offer various opportunities for you to interact with other users, including but not limited to participating in blogs, message boards, online forums, and other functionality. By creating, submitting, posting, displaying, transmitting, performing, publishing, distributing, or broadcasting any content and materials to us or on the Site, including text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”), you acknowledge that any Contributions you transmit may be treated as non-confidential and non-proprietary, and may be viewable by other users of the Site as well as through third-party websites.
When creating or making available any Contributions, you agree to represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party, including but not limited to copyright, patent, trademark, trade secret, or moral rights.
- You are the creator and owner of the Contributions, or you have obtained the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have obtained written consent, release, and/or permission from each identifiable individual person in your Contributions to use their name or likeness in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are truthful, accurate, and not misleading in any way.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions do not contain any obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable material, as determined by us.
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse any individual, group, or entity.
- Your Contributions do not advocate the violent overthrow of any government, or incite, encourage, or threaten physical harm against any individual, group, or entity.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
We take any violations of these guidelines very seriously, and any use of the Site that violates the foregoing may result in, among other things, termination or suspension of your rights to use the Site. We reserve the right to remove any Contributions that we believe, in our sole discretion, violate these guidelines, and to take appropriate legal action against any user who violates them.
CONTRIBUTION LICENSE
When you post any Contributions to any part of the Site, you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to use, host, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute your Contributions (including, without limitation, your image and voice) for any purpose, including commercial, advertising, or otherwise. This license allows us to create derivative works or incorporate your Contributions into other works and to grant and authorize sublicenses of the foregoing. Your Contributions may be used and distributed in any media formats and through any media channels, including any form, media, or technology now known or hereafter developed.
You represent and warrant that you have the right to grant us this license and that your Contributions will not infringe on any proprietary rights, including copyright, patent, trademark, trade secret, or moral rights of any third party. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not claim ownership of your Contributions, and you retain full ownership of all your Contributions and any intellectual property or other proprietary rights associated with your Contributions. You are solely responsible for your Contributions to the Site, and you agree to hold us harmless and release us from any and all liability or legal action arising from your Contributions.
We reserve the right, in our sole and absolute discretion, to edit, redact, or otherwise change any Contributions, to re-categorize any Contributions to place them in more appropriate locations on the Site, and to pre-screen or delete any Contributions at any time and for any reason without notice. However, we have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
If you choose to leave a review on the Site, you must comply with certain criteria. First and foremost, you must have firsthand experience with the person or entity you are reviewing. Additionally, your review must not contain offensive language or discriminatory references based on race, religion, gender, national origin, age, marital status, sexual orientation, or disability. Your review must also not reference illegal activity, and you should not be affiliated with competitors if you are posting negative reviews. Furthermore, you should not make any conclusions as to the legality of conduct, nor should you post any false or misleading statements. Finally, you are not allowed to organize a campaign encouraging others to post reviews, whether they are positive or negative.
As the operator of the Site, we reserve the right to accept, reject, or remove any reviews at our sole discretion. We are under no obligation to screen reviews or delete them, even if some users consider them objectionable or inaccurate. It is important to note that reviews are not endorsed by us, and they do not necessarily reflect our opinions or the views of any of our affiliates or partners. We do not assume any liability for any review or for any claims, liabilities, or losses resulting from any review.
By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and distribute all content relating to the review. This license allows us to use the review in any way we see fit, without any compensation owed to you.
SUBMISSIONS
The “Submissions” section of this agreement governs any questions, comments, suggestions, ideas, feedback, or other information regarding the Site that you provide to us. By submitting such information to us, you acknowledge and agree that it becomes our sole property, and we shall own all exclusive rights, including all intellectual property rights, to it. We are entitled to use and disseminate these submissions for any lawful purpose, commercial or otherwise, without acknowledging or compensating you.
Furthermore, you waive all moral rights to any such Submissions, meaning you give up your right to be identified as the author of the Submissions or to object to any modification, distortion, or other alteration of the Submissions that may damage your reputation. Additionally, you warrant that any Submissions you provide are original or that you have the right to submit them, and you agree not to make any claims against us for alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
In simpler terms, if you submit any ideas, suggestions, or feedback to us, we own them and can use them however we want, without having to compensate or acknowledge you. You also agree not to sue us if we use your Submissions, and you waive your right to claim that we have damaged your reputation in any way.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain links to other websites and third-party content, which are not investigated, monitored, or checked by the site for accuracy, appropriateness, or completeness. The site is not responsible for any third-party websites or content, including their accuracy, opinions, reliability, privacy practices, or policies. Inclusion of third-party websites or content does not imply approval or endorsement by the site. Any purchases made through third-party websites are solely between the user and the applicable third party, and the site takes no responsibility for such purchases. The user is advised to review the terms, policies, and practices of any third-party websites or applications. The site does not endorse the products or services offered on third-party websites and is not liable for any harm caused by the purchase of such products or services. The user agrees to hold the site harmless from any losses or harm caused by third-party content or contact with third-party websites.
SITE MANAGEMENT
As site managers, the company reserves the right to monitor the site for any violations of the Terms of Use. They may take legal action against anyone who violates the law or the Terms of Use, and they may report such users to the relevant law enforcement authorities. In addition, they may refuse, restrict access to, limit the availability of, or disable any of the user’s contributions or any portion thereof, at their sole discretion and without notice or liability.
Furthermore, the company may remove from the Site or disable all files and content that are excessive in size or are burdensome to their systems, without notice or liability. They reserve the right to manage the Site in a manner that protects their rights and property and facilitates the proper functioning of the Site.
PRIVACY POLICY
We take data privacy and security seriously. Check out our Privacy Policy at Emeraldcoastpremierrentals.com/privacy-policy. When you use our Site, you agree to follow our Privacy Policy which is a part of our Terms of Use. It’s important to note that our Site is hosted in the United States. If you’re accessing our Site from somewhere with different laws or requirements around personal data collection, use, or disclosure, your data will be transferred to the United States, and you’re agreeing to that transfer by continuing to use our Site. We don’t knowingly accept information from children, and we don’t market to them either. If we learn that someone under 13 has given us personal information without their parent’s permission, we’ll delete that information from our Site as soon as we can.
COPYRIGHT INFRINGEMENTS
We take intellectual property rights seriously and are committed to respecting the copyrights of others. If you believe that any material available on or through the Site infringes upon any copyright that you own or control, please promptly notify us using the contact information provided below. We will take appropriate action in response to your notification. Please be aware that making false claims in a Notification can result in legal consequences, including liability for damages. If you are unsure whether the material in question infringes your copyright, it is advisable to seek the advice of an attorney before submitting a Notification.
TERM AND TERMINATION
These Terms of Use shall remain in effect for as long as you use the Site. We reserve the right to deny access to the Site or terminate your use of the Site at any time and without notice, in our sole discretion, for any reason or no reason, including a breach of these Terms of Use or any applicable law or regulation. We may also, in our sole discretion, remove any content or information that you post to the Site.
If we terminate or suspend your account for any reason, you are not permitted to create a new account using your name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of the third party. Additionally, we reserve the right to take legal action, including pursuing civil, criminal, and injunctive remedies, in addition to suspending or terminating your account.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to modify, update, or remove any content on the Site, at our sole discretion and without notice, for any reason. However, we are under no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site at any time without notice. We will not be held liable to you or any third party for any modification, price change, suspension, or discontinuation of the Site.
Please note that the Site may not be available at all times, and we may experience hardware, software, or other issues that require maintenance or result in interruptions, delays, or errors. We reserve the right to make changes, revisions, updates, suspensions, discontinuations, or other modifications to the Site at any time and for any reason without notice. By using the Site, you agree that we bear no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. These Terms of Use do not obligate us to maintain or support the Site or provide any corrections, updates, or releases in connection with the Site.
GOVERNING LAW
The use of the Site and these Terms of Use shall be governed by and interpreted in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. All disputes arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the state and federal courts located in Florida, and you consent to the personal jurisdiction of those courts.
CORRECTIONS
The Site may contain information that includes typographical errors, inaccuracies, or omissions, such as pricing, availability, descriptions, and other details. We reserve the right to correct or update any such errors, inaccuracies, or omissions and modify the information on the Site without prior notice.
DISCLAIMER
The Site is provided “as is” and “as available,” and your use of the Site and our services is entirely at your own risk. We disclaim all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. We make no warranties or representations regarding the accuracy or completeness of the Site’s content or the content of any websites linked to the Site, and we assume no liability for any errors, mistakes, or inaccuracies in the Site’s content or materials, personal injury or property damage of any nature resulting from your access to and use of the Site, any unauthorized access to or use of our secure servers and/or any personal or financial information stored therein, any interruption or cessation of transmission to or from the Site, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and any errors or omissions in any content and materials, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any linked websites or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. You should use your best judgment and exercise caution where appropriate when purchasing a product or service through any medium or in any environment.
LIMITATIONS OF LIABILITY
In no circumstance shall we, along with our directors, employees, or agents, be held liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to lost profits, lost revenue, or loss of data, arising from your use of the Site, even if we have been informed about the possibility of such damages. Our liability to you for any cause, regardless of the form of the action, will at all times be limited to the amount paid by you to us, if any.
Please note that certain state laws may not permit limitations on implied warranties or the exclusion or limitation of specific damages. Therefore, if such laws are applicable to you, some or all of the aforementioned disclaimers or limitations may not apply, and you may have additional rights.
INDEMNIFICATION
You agree to indemnify, defend, and hold us harmless, as well as our subsidiaries, affiliates, officers, agents, partners, and employees, against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party arising out of or related to: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.
USER DATA
As part of our management of the Site’s performance, we will retain certain data transmitted by you and data regarding your use of the Site. While we regularly perform routine backups of data, it is solely your responsibility to ensure the accuracy and completeness of all data transmitted or related to any activity undertaken through the Site. By using the Site, you acknowledge and agree that we will not be held liable for any loss or corruption of such data, and you waive any right of action against us arising from such loss or corruption.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
When you visit the Site, send us emails, or complete online forms, you are engaging in electronic communications. By using the Site, you consent to receiving electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, whether via email or on the Site, fulfill any legal requirement that such communication be in writing. Furthermore, you agree to the use of electronic signatures, contracts, orders, and other records, as well as electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. By agreeing to these Terms of Use, you waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
These Terms of Use, together with any policies or operating rules posted on the Site or pertaining to the Site, constitute the complete agreement and understanding between you and us. Our failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use are governed by the laws of the jurisdiction in which we are located and operate, and they operate to the fullest extent allowed by law. We reserve the right to assign any or all of our rights and obligations to others at any time. We shall not be held liable or responsible for any loss, damage, delay, or failure to act that results from any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. By using the Site, you waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
If you have any questions or concerns regarding the Site or would like further information, please do not hesitate to contact us at 850-621-3277 or by email at Info@ECP-Rentals.com. We strive to respond to all inquiries promptly and to the best of our ability.