Each Site is operated by Marquis Rentals LLC. Unless otherwise specified, the entity controlling the Site you are accessing is referred to herein as “Company” “we,” “us” or “our”. For the purposes of this agreement “you” means, collectively, the person using the Site or booking a certain property.
You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and the Company. You are not authorized to use this Site unless you are at least 18 and able to enter into legally binding contracts. We do not knowingly collect the information of anyone under the age of 18.
If you arrived on the Site after having been re-directed or otherwise clicking on another website, you agree that these Terms shall govern your use of this Site.
The Site is a Neutral Venue and We are Not a Party to any License Agreement, Booking Agreement, Rental Agreement or other Transaction Between Users of the Site. We urge all users to be responsible about their use of this Site and any transaction entered into as a result of either listing a property or booking a property. We do not own or manage, nor can we contract for, any property listed on a Site. The Site acts as a venue to allow property owners and their representatives (“members” or “users”) who advertise on the Site to offer one or more of their properties to be booked by guests (“guests” or “users”), as well as a way for users to communicate with one another and enter into booking agreements or similar transactions. Because we are not a party to any license, booking, rental or other agreement between members and guests, any part of an actual or potential transaction between a member and a user, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any property), and the ability of members to license or rent a property or the ability of guests to contract for properties, are solely the responsibility of the users. We shall not, by reason of your use of this Site or otherwise, be deemed to be your employee or agent, and we shall have no power to enter into any agreement on your behalf or bind you. Neither the Company nor any of its affiliates entities, shareholders, members, directors, employees, agents or representatives are acting or are licensed as real estate brokers or real estate salespersons.
Responsibility for applicable laws, rules and regulations. Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site. Members further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the listing of their property and the conduct of licensing their property, including but not limited to any and all laws, rules, regulations or other requirements relating to taxes, credit cards, data and privacy, taxes, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though we are not a party to any booking or other transaction and assume no liability for legal or regulatory compliance pertaining to properties listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to a listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion. Members who accept credit card, banking or other payment information from guests agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.
Limited License to Use the Site. Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of advertising a property, searching for a property, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or services offered on any Site, participating in an interactive area hosted on any Site or for any other purpose clearly stated on a Site, all in accordance with the Terms. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.
Rules and Conduct. As a condition of use, you promise not to use the Site for any purpose that is prohibited by the Terms or law. You are responsible for all of your activity in connection with the Site. You shall not, and shall not permit any third party using your account to, take any action, or submit content, that:
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures the Company may use to prevent or restrict access to the Site (or other accounts, computer systems, or networks connected to the Site); (iv) run Maillist, Listserv, or any form of auto-responder or "spam" on the Site; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.
You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Site; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
Proprietary Rights and Downloading of Information from the Site. The Site and all content and information on the Site are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site for other than for your personal, noncommercial use (other than in accordance with a valid membership) is expressly prohibited without prior written permission from us.
As part of the booking inquiry process, for your own personal, noncommercial use and not for further distribution, you may download, display, and/or print one copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form displayed on the relevant portion(s) of the Site that you desire to download, display or print.
Copyright Notifications. The Company will remove infringing materials in accordance with the DMCA if properly notified that content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the Company’ Copyright Agent in writing. Your notice must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
If you believe that your work has been removed or disabled by mistake or misidentification, please notify the Company’s Copyright Agent in writing. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):
Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
If you fail to comply with these notice requirements, your notification or counter-notification may not be valid. Our designated copyright agent for notice of alleged copyright infringement is:
Marquis Rentals, LLC Attn: Copyright Agent
In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, users who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
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.
In the event that you use any of our tools that we may from time to time offer that integrate in any way with a third party website to which you have provided data or information, you acknowledge and agree that such third party website shall be responsible for how the data or information you have provided to such website is handled.
Identity Verification. User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user's purported identity. We encourage you to communicate directly with a guest or member through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity and, for guests, of the property and relevant details of your booking or proposed booking.
You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request.
We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR COMPANY ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE COMPANY AND OTHER USERS. Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
Limitations on Communications and Use of Other Users’ Information; No Spam.
You agree that, with respect to other users' personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (a) Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, and (c) inquiring about or otherwise facilitating a transaction between you and the other user related to the purpose of the Site (such as inquiring about or booking an online booking or charging a personal credit card). Any other purpose will require express permission from the user. You may not use any such information for any unlawful purpose or with any unlawful intent.
In all cases, you must give users an opportunity to remove their information from your address book or database or other records and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may 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 (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has booked a property from you or to you, to your mailing list (email or physical mail) without the user's express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Site or through any tool or service provided on the Site.
Links to Third Party Sites. The Site may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company's control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
Disclaimer. The Site, including all content on the Site, is provided on an "as is" and "as available" basis. Use of the Site is at your own risk. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, the Company, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable, complete, or correct; that the Site will meet your requirements; that the Site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Site is free of viruses or other harmful components. Any content downloaded or accessed through the Site is downloaded or accessed at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or access.
YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
Indemnification. You agree to indemnify, defend, and hold harmless the Company and affiliates, and each of their members, contractors, suppliers, officers, directors, representatives, agents, and employees (collectively, the "Indemnitees") from and against any and all liability, damages and costs (including, without limitation, attorneys' fees) that arise from or relate to your use or misuse of the Site, including without limitation with respect to any claim arising out of any content that you submit or breach or alleged breach of any of your obligations set forth in these Terms. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You shall not settle any matter without the written consent of the Company. You shall cooperate as fully as reasonably required in the defense of any claim.
LIMITATION OF LIABILITY. IN NO EVENT WILL MARQUIS NOR ANY OF ITS AFFILIATED ENTITIES, SHAREHOLDERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “AFFILIATES”) BE LIABLE FOR ANY DELAYS, ACCIDENTS, DAMAGES, INJURIES OR LOSSES SUFFERED BY MEMBERS, GUESTS OR THE PROPERTY. MARQUIS IS NOT RESPONSIBLE OR LIABLE FOR MANAGING OR MAINTAINING THE PROPERTY OR FOR THE ACTIONS, INACTIONS OR FAULTS OF MEMBER OR ANY OTHER THIRD PARTY INVOLVED IN THE BOOKING OR MANAGEMENT OF THE PROPERTY. IN NO EVENT WILL MARQUIS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY IN CONNECTION WITH THIS AGREEMENT OR THE BOOKING, LICENSE OR USE OF THE PROPERTY. IF, DESPITE THE LIMITATIONS CONTAINED IN THIS AGREEMENT, MARQUIS IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY IN CONNECTION WITH THE AGREEMENT, THEN MARQUIS’ LIABILITY WILL IN NO EVENT EXCEED THE ONE HUNDRED DOLLARS ($100.00).
Destinations. The Company works with members and service providers in different destinations and you are responsible for determining what, if any, documentation (including passports and visas) are required to travel to a particular destination. The Company does not represent or warrant that travel to any destination is advisable or without risk and shall not be liable for damages or losses that may result from travel to such destinations. The Company is not responsible for weather or seasonal conditions, which may affect your use of any property and surrounding areas, including, but not limited to, beaches and roads, or your ability to travel to or from any property. The Company shall not be held responsible for any limited signal strength, absence and/or interruption in telecommunication services, including, but not limited to, internet, phone, cable and satellite reception. We urge you to consult with governmental travel reports, including alerts, warning and advisories, before entering into this agreement.
Booking Agreement. We may manage inquiries, quotes and booking agreements and allow for payments to be made relating to the booking of a property on our Site. By entering into a property booking agreement, the guest and member each agree to the terms and conditions set forth in such booking agreement or other such terms displayed in the booking process (including without limitation the cancellation and refund policies) effective as of the date that the user indicates acceptance of the booking agreement. You hereby acknowledge and agree that (a) you are fully responsible for such terms and conditions, (b) any booking agreement used, whether or not based on a sample provided by the Site is used solely at your own risk and expense, (c) nothing contained in these Terms or the booking agreement or any sample booking agreement is a substitute for the advice of an attorney, and (d) that you have been hereby advised to obtain local legal counsel to prepare, review and revise as necessary any booking agreements to ensure compliance with federal, state, and local law and their particular circumstances, and to revise the booking agreement as necessary to accurately represent a particular property, rules, features, etc.
Force Majeure. You agree that the Company, its affiliates and/or the member are not be liable for any damages, losses or injuries caused by that person’s control, including, without limitation, any fire, flood, hurricane, tsunami, war, revolution, terrorism or change to any law, regulation or government policy.
Governing Law. This Agreement and all disputes or issues arising from it shall be governed exclusively by the laws of New York without regard to conflict or conflict of law principles.
Dispute Resolution. As a condition precedent to any other legal recourse (unless such legal recourse seeks injunctive relief), any parties to a dispute involving the Site shall make good faith efforts to come to resolution. An initial meeting to resolve the dispute shall be conducted by the parties at a meeting to be held via teleconference within fourteen (14) working days of a written request, which request shall specify in reasonable detail the nature of the dispute to be resolved at such meeting. The meeting shall be attended by representatives of the parties and any other person that may be affected in any material respect by the resolution of such disputes. Such representatives shall have authority to settle the dispute and shall attempt in good faith to resolve the dispute. The parties shall submit any unresolved dispute to binding arbitration before the American Arbitration Association (the “AAA”) pursuant to the AAA’s expedited rules with proceedings to take place in New York, New York. In the event of arbitration, the parties shall be responsible for their own legal fees and expenses, and the costs and expenses of the arbitrator and any fees charged by the AAA shall be apportioned equally between the parties.
Assignment. This Agreement and the rights and liabilities of the parties hereto inure to the benefit of their respective successors and assigns. The Company may assign this Agreement to any successor entity. User may not assign without the written permission of the Company.
Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms will continue in full force and effect.
Attorneys’ Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce these Terms, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorneys’ fees incurred on appeal.
No Waiver. No waiver of or by the Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement.
Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Site, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
Modifications. The Company reserves the right to change any of the provisions posted herein and you agree to review these Terms each time you visit the Site. Your continued use of the Site following the posting of any changes to these Terms constitutes your acceptance of such changes. The Company does not and will not assume any obligation to provide you with notice of any change to this document and you acknowledge and agree to same. Unless accepted by the Company in writing, you may not amend these Terms in any way.