Terms of Use

 

Welcome to www.InCircleRentals.com (the “Site”). InCircleRentals LLC (“ICR”) provides this Site for use by you (as permitted below) conditioned on your acceptance of ICR’s terms and conditions set forth in these Terms of Use. Your access to and use of the Site constitutes your agreement to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site.

 

ICR reserves the right, in its sole discretion, to change these Terms of Use at any time. You will be notified of changes to the Terms of Use via a notation next to the link to the Terms of Use from the main page of the Site stating that the Terms of Use are new/modified and the date on which they were updated. The last date on which these Terms of Use were updated was June 26, 2009. By continuing to use the Site after such changes are posted, you agree to be bound by the changes.

 

Please also review the Privacy Policy, as it contains important information regarding how ICR handles your personal information and forms an integral part of these Terms of Use.

 

Use of the Site

General. ICR does not accept discriminatory requests or referrals, either from Members or Guests, including requests or referrals that violate the Fair Housing Act. ICR reserves the right to terminate your account and/or block your IP address if it becomes aware of any violation of this policy. ICR reserves the right to terminate your account and/or block your IP address, with or without notice, and with or without cause. You will be refunded a prorated portion of any membership fees you have paid in advance, in the event your account is terminated. Members. To join InCircleRentals.com, you must submit certain information (see our Privacy Policy for further information) and create an account. As part of the account creation process, you will need to create a password. ICR recommends the use of strong passwords that include capital and lower case letters, numbers and symbols. ICR takes steps to protect your account information, detailed in the Privacy Policy; however, it is your responsibility to ensure the security of your own password, internet connection and computer.

 

ICR will then determine the appropriate referral network for your property or properties and send you an activation e-mail. You can submit referrals through the ICR interface. You can receive referrals and respond to referrals through your e-mail account. ICR provides only limited information to you through the ICR interface, as provided to it by other Members. By your agreement to these Terms of Use, you acknowledge and agree that ICR provides only an interface for facilitating contact between Members and Guests, and that ICR makes no representations or warranties about the legitimacy of any referral and does not verify the identity, legitimacy or character of Members or Guests. You further acknowledge and agree that ICR does not guarantee that you will receive any referrals through the Site; the number of referrals you receive depends on other Members.

 

If you sell or otherwise change the ownership status of your property listed on the Site, you agree that you will immediately inform ICR of the change in ownership of the property and provide the contact information for the new owner of the property.

 

You may submit a photograph and a description of your property to be included on the Site. By submitting any photograph, written description, or other material to the Site, you represent and warrant that you have the legal right to make such a submission and that you own all right, title and interest in and to the submitted material.

 

If you submit any photograph or description of your property to ICR or the Site or use any trademarks in connection with your listing (the “Licensed Content”), you hereby grant a nonexclusive, royalty-free, perpetual right and license to use, reproduce, distribute, display, transmit, publish, modify, edit and/or create derivative works from the Licensed Content in any format, including without limitation coding or watermarking such Licensed Content, on the Site and in related promotional materials provided in any medium, forum or format, for the sole purpose of the promotion of ICR and its services.

 

You also agree that immediately upon the creation by or on behalf of ICR of any derivative works from, modifications, edits or other changes to the Licensed Content (the “Modified Content”), the Modified Content will become the sole and exclusive property of ICR and that ICR will own the entire right, title and interest in and to the Modified Content, including the right to secure copyright registration for the Modified Content and to otherwise use the Modified Content for any purpose as determined by ICR in its sole discretion. You hereby grant, assign, transfer and convey any and all right, title or interest you have or may be deemed to have in and to the Modified Content.

 

If you receive a request for accommodations via another website, ICR requires that you obtain permission from any potential Guest before sharing his or her personal information, including contact information, with anyone. It is a violation of these Terms and Conditions to create a referral using information obtained from another website without first seeking the permission of the potential Guest.

 

Restrictions on Use of the Site

No material from the Site may be copied, reproduced, republished, modified, uploaded, posted, performed, displayed, transmitted, distributed, licensed, transferred, sold, or used to create derivative works, in any way, except that you may download, e-mail, or print one copy of the materials on any single computer for your personal, non-commercial home use only, provided that you keep intact all copyright and other proprietary notices. Use of the materials for any other purpose is a violation of these Terms of Use and ICR’s copyright and other proprietary rights. For purposes of these Terms of Use, the use of any such material on any other web site or networked computer environment is prohibited. The use of web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Site is prohibited; provided, however, that general purpose internet search engines and noncommercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that provides classified listings or property rental advertisements, or any subset of the same, or which is in the business of providing vacation property rental services.

 

In your use of the Site, you shall not post or transmit any unlawful, threatening, libelous, defamatory, discriminatory, obscene, 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 would otherwise violate the law. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use of the Site. You may not obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Site.

 

Copyrights and Trademarks

The entire content included in this Site, including but not limited to, text, design, graphics, interfaces, and code and the selection and arrangement thereof, is protected under the copyright laws of the United States and other intellectual property laws and is owned by ICR or respective Members. All trademarks, service marks and trade names are owned or licensed by ICR or respective Members.

 

Unsolicited Information

Except for any personal information we may collect from you pursuant to our Privacy Policy, any material, information, ideas, concepts, know-how, techniques, or other communication you transmit, upload, or post to this Site or to ICR (“User Submissions”) will be considered nonconfidential and non-proprietary. ICR will have no obligations with respect to User Submissions. ICR and its designees will be free to copy, disclose, distribute, incorporate and otherwise use User Submissions and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

 

Opt-Out

If you have received e-mail offering accommodations from Members via ICR and do not wish to receive further e-mail, please click on the opt-out link at the bottom of the e-mail. ICR will remove your e-mail address from the system as soon as possible; however, please understand that this process can take some time, and you may receive additional Member offers before our system is fully updated.

 

Third-Party Links

In an attempt to provide increased value to our visitors, the Site may contain links to other sites on the Internet that are owned and operated by third parties (the “External Sites”). However, even if a third party is affiliated with ICR, ICR has no control over the External Sites, all of which likely have separate privacy and data collection practices, independent of ICR. ICR has no responsibility or liability for your use of the External Sites. Links to the External Sites are only for your convenience, and you access them at your own risk. Nevertheless, ICR wants to make your experience visiting the Site satisfying and therefore requests your feedback on the Site and on links to the External Sites (including if a specific link does not work). Please contact the Site administrator with any feedback.

 

Third parties may link to the Site, but only to the main page of the Site located at http://www.incirclerentals.com. ICR does not allow deep linking.

 

Disclaimer

This Site provides a method for owners of real estate who wish to rent out their real estate to contact individuals who wish to rent real estate. ICR has no involvement in any transactions carried out as a result of such contacts, and therefore has no liability related to such transactions. ICR makes no representations or warranties, including but not limited to representations or warranties as to the legitimacy or character of either Members or Guests, the accuracy of any communications sent or received via the Site, ownership of the claimed properties by Members, the number of referrals Members will receive through the Site, the safety or suitability of accommodations for Guests, the ability of Guests to pay for accommodations, the behavior of Guests when staying in the rental accommodations, or Guest satisfaction.

 

Although ICR may from time to time monitor or review the transmissions, referrals, and other dialogue (“Dialogue”) conducted via the Site, ICR is under no obligation to do so and assumes no responsibility or liability arising from the Dialogue contained in or transmitted through the Site, or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Site or transmitted through the Site.

 

THE SITE AND THE MATERIALS, INFORMATION, SERVICES AND PRODUCTS IN THE SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ICR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, FREEDOM FROM A COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE OR COURSE OF PERFORMANCE. ICR DOES NOT WARRANT THAT USE OF THE SITE OR THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE. ICR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE OR THE RESULTS OF THE USE OF THE SITE OR ANY MATERIALS, CONTENT, OR INFORMATION ON THE SITE IN TERMS OF CORRECTNESS, COMPLETENESS, CURRENCY, ACCURACY, ADEQUACY, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

Limitation of Liability

ICR provides the contents of the Site for the purpose of facilitating contact only. By accessing or using the Site, you hereby agree not to hold ICR responsible for any consequences of such contact.

 

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ICR BE LIABLE FOR THE RESULTS OF SUCH CONTACT, NOR SHALL ICR BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFIT, OR OTHER DAMAGES THAT RESULT FROM THE USE, THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE, THE MATERIALS, INFORMATION, SERVICES, OR PRODUCTS ON THE SITE OR THE MATERIALS, INFORMATION, SERVICES, OR PRODUCTS ON ANY SITES LINKED TO OR FROM THE SITE OR SENT TO OR FROM ICR, EVEN IF ICR OR AN ICR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS COVER CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

 

IN NO EVENT SHALL ICR’S 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 THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SITE, OR U.S. $100.00, WHICHEVER IS LESS. THIS LIMITATION OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES.

 

Indemnification

You agree to indemnify, defend and hold harmless ICR, its officers, directors, employees, agents, licensors and suppliers from and against any claims, losses, expenses, damages, costs and attorney’s fees resulting from your misuse of the Site, including but not limited to any violation of these Terms of Use or any activity related to your Internet account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account; from any transaction you conduct as a result of the contact facilitated by the Site; from your property or property listing posted on the Site; or from your infringement of any intellectual property rights in any posting to or transmission via the Site.

 

Use Outside the United States

This Site is controlled, operated, and administered by ICR from its offices within the State of Minnesota, United States of America. ICR makes no representation that the content of the Site is appropriate or available for use at locations outside of the United States, or that access to the content from territories outside the United States is permitted. You may not use the Site or export the content of the Site (in whole or in part) in violation of United States export laws and regulations.

 

Other

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of law. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall be filed only in the state or federal courts located in Minneapolis, Minnesota, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein.

 

Contact Us

If you have any questions about these Terms of Use or want to request company information, please contact us via postal mail at 5115 Excelsior Boulevard #456, St Louis Park, MN 55416 or via e-mail at Support@InCircleRentals.com.