Terms and Conditions
last updated: 04/07/18
[A user’s reservation or use of a PROV.COM/ site is bound by the terms and conditions on the PROV.COM/ site where the reservation is finalized, not necessarily the PROV.COM/ site on which the property was originally listed. If there are any conflicts between the terms and conditions of the PROV.COM/ site you found the property on and the terms and conditions of the PROV.COM/ site you finalize a booking on, the terms and conditions of the PROV.COM/ site where the reservation is finalized will govern. If you do not fully agree to these Terms and any other terms and conditions posted or linked to any Site, you are not authorized to access or otherwise use the Site.]
Under these Terms, use or access of the Site specifically includes any direct or indirect access or use of the Site or any cached version of the Site and any direct or indirect access or use of any information or content on the Site, regardless of how obtained and the term Site includes, without limitation, any cached version thereof.
Each Site is operated by . Unless otherwise specified, the entity controlling the Site you are accessing is referred to herein as PROV.COM/, we, us or our. The term you refers to the user visiting the Site, listing a property, requesting a reservation on this Site, or of our customer service agents.
You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and PROV.COM/. You are not authorized to use this Site unless you are at least 18 years of age 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.
1. The Site is a Venue and We are Not a Party to any 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 renting a property. We do not own or manage, nor can we contract for, any vacation rental property listed on a Site. The Site provides an on-line marketplace to allow homeowners and property managers, and other duly authorized agent of an owner, who advertise on the Site, hereinafter members, to offer for rent in a variety of pricing
formats, a specific vacation or short term rental property to potential renters or renters, hereinafter traveler, and collectively with the members, users]. [Members may also include property owners or managers who originally advertised their properties on another website and their listings have been redistributed on the Site.] [We also may offer online booking or other tools or services to allow users to communicate with each other and enter into rental agreements or other transactions.]
We are not a party to any rental or other agreement between users. This is true even if the Site allows you to book a rental or provides other ancillary products or services, as the Site may facilitate booking a rental or other tools, services or products, but we are not a party to any rental or other agreement between users. As a result, any part of an actual or potential transaction between a traveler and a member, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings, including without limitation the content thereof or any review relating to any traveler or property, the ability of members to rent a vacation property or the ability of travelers to contract for properties are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions before making a booking or purchasing a product or service and PROV.COM/ or one of its affiliates may place additional restrictions on your booking, product or service.
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, ordinances, or regulations applicable to the listing of their rental property and the conduct of their rental business, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, 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 rental transaction and assume no liability for legal or regulatory compliance pertaining to rental 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 your listing in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.
Members who accept credit card, banking or other payment information from travelers agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.
[Although most travel is completed without a serious incident, travel to some destinations may involve more risk than others. We urge travelers to research the location they wish to visit and to review travel prohibitions, warnings, announcements and advisories issued by the United States Government before booking. Information may be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.]
While we may take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. When we provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm or otherwise have any impact.
2. 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 the 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.
3. Unauthorized Uses of the Site.
The license to use the Site only extends to the uses expressly described herein. The license to use the Site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or any 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 that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each 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 engines do 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 or other services that compete with us.
Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously and specifically agreed to by us:
- Any commercial use of the Site or any content on the Site, other than by members in good standing, or by members under a valid license to software offered on the Site, hereinafter a valid license;
- Any use of the Site or the tools and services on the Site for the purpose of booking or soliciting a rental of a property other than a property listed under a valid subscription or pay-per-booking product;
- 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;
- Deep-link to any portion of the Site without our express written permission;
- Modify, translate into any language or computer language or create derivative works from, any content or any part of the Site;
- Reverse engineer any part of the Site;
- Sell, offer for sale, transfer or license any portion of the Site in any form to any third parties;
- Use the Site and its inquiry or booking functionality other than to advertise or research vacation rentals, to make legitimate inquiries to our members or any other use expressly authorized on the Site;
- Use the Site to post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
- Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
- Use or access the Site in any way that, in our sole discretion, adversely affects, or could adversely affect, the performance or function of the Site or any other system used by us or the Site.
If you are aware of, or experience, any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us by contacting us as set forth under "Contact Us," below.
4. 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, or compilation, under 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 other than for your personal, noncommercial use, other than in accordance with a valid listing, is expressly prohibited without prior written permission from us. As part of the rental inquiry or reservation process, for your own personal, noncommercial use and not for further distribution, you may download, display and 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 portions of the Site that you desire to download, display or print.
6. 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 traveler 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 travelers, 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 PROV.COM/ 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 PROV.COM/ ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH PROV.COM/ 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.
7. 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: (i) Site-related communications that are not unsolicited commercial messages, (ii) using services offered through the Site, and (iii) inquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site. 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 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 rented a short-term property from you or to you, to your mailing list, whether 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.
8. Responsibility for Property Listings, Reviews and Other User-contributed content; Participation in Interactive Forums.
We have no duty to pre-screen content posted on the Site by members, travelers or other users, whether directly contributed by the user or contributed by us or a third party on behalf of the user, including without limitation, property listings, reviews of a rental property or a traveler, participation in an interactive community, forum or blog, each hereinafter an Interactive Forum, or any other content provided by a user to the Site, collectively hereinafter user-contributed content. We are not responsible for user-contributed content. [User-contributed content also includes information that a user or any other person provided to a third party website or mobile application that is then provided to our Site by a tool we offer or any other exchange of user-contributed content we have authorized.]
We reserve the right to decline to permit the posting on the Site of or to remove from the Site any user-contributed content that fails to meet our Content Guidelines, which are incorporated by reference into these Terms, any other guidelines posted on a Site or if it otherwise violates these Terms, each as determined in our sole discretion. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, have been apparently breached in respect of such content, as determined in our sole discretion. Finally, we reserve the right, but do not assume the obligation to do so, to edit a member’s content or user-contributed content in a non-substantive manner solely to cause the content to comply with our Content Guidelines or formatting requirements or to provide services to members to create or improve listings, in accordance with information we have about the property listed. Users remain responsible for reviewing their user-contributed content to ensure it is accurate and not misleading.
At a minimum, user-contributed content must, as determined by us in our sole discretion:
- not infringe anyone's rights, including without limitation, copyright and rights of publicity and privacy, violate the law or otherwise be inappropriate;
- not include personal information of another that can be used to identify or contact any person;
- not include unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations;
- be directly related to the Site, business service, product or forum where the content is submitted;
- not be obscene, abusive, discriminatory or illegal; or
- not be false or misleading.
All property listings on the Site are the sole responsibility of the member and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, reviews or any alleged breaches of contract on a user's part. Members 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, price and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, traveler or property reviews, guest book entries, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date.
We also may from time to time create new descriptions or otherwise change the location or geographic descriptions we use to identify properties in their listings and search results. Consequently, we may change the location or geographic description associated with any property listing at any time without notice. However, we assume no responsibility to verify property listing content or the accuracy of the location. Members are solely responsible for ensuring the accuracy of location, geographic and other content and location or geographic descriptions and agree to promptly correct any inaccuracy, and travelers are solely responsible for verifying the accuracy of such content and descriptions.
All other user-contributed content is the sole responsibility of the user who contributed such content, whether such user contributed the content directly or through a third-party website. Users are solely responsible for their user-contributed content and we specifically disclaim all liability for user-contributed content. The user represents and warrants that the user owns or otherwise controls and has all necessary legal rights to the user’s submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the user-contributed content. We reserve the right to request a proof of ownership or permission, and to refuse to post user-contributed content without such proof or if such proof is, in our sole discretion, insufficient.
By submitting or authorizing user-contributed content, 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, including without limitation through multiple tiers, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses of any of your user-contributed content, in connection with our business or the business of our affiliates. Notwithstanding the foregoing, following the termination or expiration of a property listing, we will not continue to display the user-contributed content that was displayed in such listing.
You further grant us and our affiliates the ability to register copyright in and protect the user-contributed content, including the images, copy, and content available via any member’s listing, from the unauthorized use of the user-contributed content by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material on behalf of and in your name. You further agree to appear and assist us, at our expense and control, with protecting such copyrighted material from unauthorized redistribution.
You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of the member’s property listing or otherwise provide promotional or other services related to our business. In the event that you retain any rights of attribution, integrity or any other moral rights in any user-contributed content, you hereby waive your right to assert these or to require that any personally identifying information be used in connection with the user-contributed content or any derivative works thereof and affirm that you have no objection to the publication, use, modification, deletion or exploitation of the user-contributed content by us or our affiliates.
[9. Service Fee Payable by Travelers.]
10. Social Media or Third-Party Websites.
If the Site offers a tool or service that allows us to access or use any profile or other information about you that you have provided to Facebook or another third-party website, each hereinafter a Social Media Site, and you decide to use such tool or service, you acknowledge and agree that:
- The information or content that is a part of your Social Media Site profile, which you have designated as public, or a similar designation, hereinafter Social Media Content, may be accessed and used by us in connection with the Site;
- The Social Media Content will be considered user-generated content under these Terms and both you and we shall have the same rights and responsibilities as you that we have with respect to user-generated content under these Terms;
- In the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse; and
11. Translations and Maps.
If any user-contributed content created by members or users is translated for display on the Site or any site of any affiliate of PROV.COM/, we cannot guarantee the accuracy or quality of such translation and the user is solely responsible for the review, verification and accuracy of such translation. Maps provided on the Site that are provided by [Google] are subject to the Google Maps terms and conditions located at: [http://www.google.com/intl/en_us/help/terms_maps.html].
12. Notification of Infringement; DMCA Policy.
We respect the intellectual property rights of others, and PROV.COM/ does not permit, condone or tolerate the posting of any content on the Site that infringes any person's copyright. PROV.COM/ will terminate, in appropriate circumstances, a member or traveler who is the source of repeat infringement of copyright. Should you become aware of or suspect any copyright infringement on this Site, please refer to our procedures for Notification of Copyright Infringement, or DMCA Policy, which are incorporated by reference into these Terms.
13. Unsolicited Ideas and Feedback.
From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works, hereinafter submissions, in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply: (i) your submission and its contents will automatically become the property of PROV.COM/, without any compensation to you; (ii) PROV.COM/ may use or redistribute any such submission and its contents for any purpose and in any way; (iii) there is no obligation for PROV.COM/ to review any submission; and (iv) there is no obligation to keep any submission confidential. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seems similar to any of your submissions.
[We welcome your feedback regarding many areas of our business. If you want to send us your feedback, we simply request that you send it to us using the “feedback” tab located on the bottom right side of the homepage, search results pages, property pages, and the owner dashboard. Please provide only specific feedback on our Site and services.] Keep in mind that we assume no obligation to keep any feedback you provide confidential and we reserve the right to use or disclose such information in any manner.
14. Software Available on the Site.
[The Site is controlled and operated by PROV.COM/. Software available on the Site, hereinafter the Software, is subject to United States export controls. No Software available on the Site or software available on any other site operated by PROV.COM/ or an affiliate of PROV.COM/ in the United States may be downloaded or otherwise exported or re-exported (i) into, or to a resident of, Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.]
All Software is the copyrighted work of PROV.COM/, an affiliate of PROV.COM/ or an identified third party. Your use of such Software is governed by these Terms and the terms of any additional license agreement that accompanies or is included with such Software. If the Software is not accompanied by an additional license agreement, we hereby grant you a limited, personal and nontransferable license to use the Software for viewing and using this Site in accordance with these Terms and for no other purpose.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. COPYING OR REPRODUCING ANY SOFTWARE AVAILABLE ON THIS SITE IS EXPRESSLY PROHIBITED, EXCEPT AS SPECIFICALLY PROVIDED FOR IN A LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
15. Links to Third-Party Sites.
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 parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third-party site, such as a Social Media Site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
16. Limitation of Liability.
IN NO EVENT WILL PROV.COM/, OR ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES, HEREINAFTER COLLECTIVELY THE PROV.COM/ GROUP, OR ANY THIRD-PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY SITE OF A MEMBER OF THE PROV.COM/ GROUP, EACH HEREINAFTER A THIRD-PARTY PROVIDER, BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE, OR ANY THIRD PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD PARTY, (E) ANY USER-CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR SITE AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SITE, AND (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION[,EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVES A FEE IN CONNECTION THEREWITH,] BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY 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 THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD PARTY PROVIDER OR ANY USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE PROV.COM/ GROUP, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
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, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. 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 ON 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. 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.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING WITHOUT LIMITATION ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.
YOU FURTHER ACKNOWLEDGE THAT BY DISPLAYING INFORMATION OR PROPERTY LISTINGS IN PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK AND ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO TRAVEL TO ANY DESTINATION.
18. Release; Indemnification.
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 OR USER-CONTRIBUTED CONTENT, OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE EACH MEMBER OF THE PROV.COM/ 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, LIABILITIES, 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 YOUR USE OF THE SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH MEMBER OF THE PROV.COM/ GROUP, HEREINAFTER 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 OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE, INCLUDING WITHOUT LIMITATION ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA 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.
WE RESERVE THE RIGHT[, AT OUR OWN EXPENSE,] TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
19. Disputes; Arbitration.
PROV.COM/'s right to amend these Terms, in whole or in part, at any time as set forth below in Section 22 [22. GENERAL] does not apply to this Disputes; Arbitration section. The version of this Disputes; Arbitration section in effect on the date you last accepted the Terms controls.
Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, users or any companies offering products or services through us. This also includes any Claims that arose before you accepted these Terms.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court, and must follow and enforce these Terms as a court would.
Arbitrations will be conducted by the American Arbitration Association, hereinafter AAA, under its rules, including the AAA Arbitration Consumer Rules, hereinafter the AAA Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
By agreeing to arbitration under the AAA Rules, the parties agree, among other things, that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to PROV.COM/ [: Arbitration Claim Manager, at ]. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to these Terms. An arbitration decision may be confirmed by any court with competent jurisdiction.
20. Additional Terms and Conditions Applicable to Online Booking.
In addition to being bound by the other terms set forth herein, users and members who use  or any other tool provided by us or a third-party provider on the Site enabling users to book and/or pay for the rental of properties online on one or more of the Sites, hereinafter collectively, the Reservation Services, are also bound by the following terms, which are in addition to any other terms applicable in connection with using the Site. In addition, if such Reservation Services include payment or other services provided by a third-party provider, such services are subject to the additional terms and conditions and privacy policies of such third-party providers.
[By utilizing a rental agreement as part of the Reservation Services or otherwise displaying terms relating to the rental as part of the online booking process, including such terms that we may require, the traveler and member each agree to the terms and conditions set forth in the rental agreement or other such terms displayed in the booking process, including without limitation the cancellation refund policy, effective as of the date that the user indicates acceptance of the booking or rental agreement, as applicable. You hereby acknowledge and agree that (i) you are fully responsible for such terms and conditions, (ii) any rental agreement used, whether a sample provided by the Site or a rental agreement copied and pasted in [ other online booking tool on the Site] by either party, is used solely at their own risk and expense, (iii) nothing contained in the Reservation Services, these Terms or any sample rental agreement is a substitute for the advice of an attorney and (iv) that you have been hereby advised to obtain local legal counsel to prepare, review and revise as necessary any rental agreements to ensure compliance with federal, state and local law and their particular circumstances, and to revise the rental agreement as necessary to accurately represent the property, rules, features, etc.]
[There are some members, typically property managers, who use software provided by our affiliate, , or a third party. Such software, hereinafter Other Reservation Services, may be governed by terms provided by the third parties or members making such Other Reservation Services available. Users who use such Other Reservation Services are responsible for complying with such terms in addition to our Terms.]
21. Responsibility for Property and Traveler Liability.
Users are solely responsible for obtaining insurance coverage sufficient to protect their properties and guests or their trip, as applicable. Members agree that they have or will obtain the appropriate insurance coverage sufficient to cover the rental of the properties they list on the Site before the arrival of their first traveler and will maintain adequate insurance coverage through the departure date of any traveler they have obtained via our Site. Further, members agree to provide us with copies of relevant proof of coverage upon request.
[By utilizing and/or purchasing [property damage protection] provided by PROV.COM/ partner , you agree to the terms and conditions under the [property damage protection] plan, acknowledge that you understand that certain policy restrictions apply, and agree that [property damage protection] may be included in the rental in lieu of or in addition to a security deposit. Full details of the [property damage protection] coverage are contained in the . Members further acknowledge and agree that they will choose the plan level with the appropriate level of coverage needed for each property and that they will offer that same plan level to all users agreeing to rent the property. ]
]By utilizing or purchasing [cancellation protection] provided by PROV.COM/ partner , you agree to the terms and conditions under the plan and acknowledge that certain policy restrictions apply. Full details of the [cancellation protection] coverage Protection coverage are contained in .
To Contact Us for any reason, users can visit [help.?.com].
These Terms are governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., hereinafter FAA, AAA Rules, federal arbitration law, and for U.S. residents, the laws of the state in which you reside, as determined by the billing address you have provided us, without regard to conflict of laws principles. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law.
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. Except as explicitly stated otherwise, any notices to us shall be given by postal mail to: PROV.COM/, [legal department].
When we need to send you notice, it will be sent to the email address you provide to the Site during the registration or booking or inquiry process or as later updated in your account. Notice shall be deemed given upon receipt or 24 hours after an 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 physical address provided to us during the registration process or as later updated in your account. Notice shall be deemed given three days after the date of mailing to a physical address and one day after mailing to an electronic address.
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. This version of the Terms became effective on the date set forth above and this version amends the version effective before such date. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time. Notification of any amendment will be posted on the Site by the indication of the last amendment date at the top of these Terms and will be effective immediately. When members renew subscriptions, the terms in effect at the time of renewal will govern, provided that such terms may change as described above.
We also reserve the right, in our sole discretion and from time to time, to offer programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Site with respect to such special program is governed by these Terms together with the terms and conditions of such program, product or service. We reserve the right, but assume no obligation, to agree to different or conflicting terms and conditions with respect to any user. Any such terms and conditions will not be enforceable unless specifically agreed to by us.
Subscription rates and fees [, including any commissions] charged for any listing that is not subscription based [such as pay-per-booking] are set at the time of a user or member’s purchase of the subscription or renewal or sign up for the non-subscription-based listing, as applicable. Such rates and fees are subject to change without notice or approval. For subscription listings, the rates in effect at the time of the member’s next subscription renewal, new listing or a member’s upgrade or any other additional or new order of any product or service will govern for such renewal or other order. The fees and commissions applicable to pay-per-booking listings offered on one or more Sites will be displayed under the “List Your Property” tab when such product is generally made available on a Site or shall be otherwise set forth in a communication between us and the member.
The types of products and services, including the features, terms and operation thereof, offered at the time of a member’s subscription or sign up for a non-subscription-based listing are subject to the descriptions displayed at the time of use and of purchase and are subject to change without notice or approval. We further reserve the right to offer additional products, services or features for purchase at any time.
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 or saving a downloaded copy of the Terms on your personal computer. We may immediately terminate any user’s access to or use of the Site due to such user’s breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all breaches of these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach.
These Terms constitute the entire agreement between us and you with respect to the matters set forth herein, and supersede any prior agreement between us and you with respect to your use of the Site. Headings in these Terms are for reference only and do not limit the scope or extent of such section. In the event of any conflict between these Terms and any other terms and conditions applicable to a product, tool or service offered on our Site, the Terms herein shall prevail. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
We may assign these Terms in our sole discretion. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.
PROV.COM/ has a zero-tolerance policy regarding acts of discrimination, including without limitation, to race, ethnicity, religion, national origin, disability, sex, gender identity, or sexual orientation, harassment, or violence and we will use our discretion to remove any travelers or owners and property managers from our website who exhibit or promote such behavior. PROV.COM/ reserves the right to enforce this policy in its discretion and on the basis that the safety or property of owners and travelers is at risk.
ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO MEMBERS
In addition to being bound by the terms set forth above, members who advertise on the Site are also bound by the following terms, which are in addition to any other terms agreed to in connection with purchasing or renewing a listing.
23. Member Eligibility; Accuracy of Information; Listing Practice Requirements.
Our services may only be used by members 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 these Terms. Each member represents and covenants that all information submitted to us and to the Site during such member’s registration with the Site shall be true and correct. Each member further agrees to promptly provide notice to the Site by contacting us as provided above under “Contact Us” regarding any updates to any such contact information previously submitted by such member to the Site.
In order to list a property on a Site, members must comply with PROV.COM/ [Marketplace Standards] found at .
What are the HomeAway Marketplace Standards?
To be sure owners and managers who list with us are providing the experience travelers expect, we have created best practices known as our “Marketplace Standards.”
How does this Marketplace benefit my business?
Our goal is to provide you the most bookings possible, and to do so we need to provide travelers with a simple and secure online booking experience. These marketplace standards help make it easier to book, give travelers security in their booking experience so they are more likely to return to the marketplace in the future.
[HomeAway Marketplace Standards
By following these standards, you will benefit in improved visibility to travelers looking to book your property on the HomeAway site and an overall better experience for you and your guests. Owners and property managers are expected to adhere to the following standards when listing a property on the HomeAway network of sites through both our pay-per-booking and subscription listing models.
- You must accept a material number of booking requests. While we understand that not all booking requests are desirable for your property, you should accept a material number of the requests.
- You cannot cancel a material number of confirmed reservations. Canceling a confirmed reservation is a huge disappointment and can result in lost time, money, and a bad overall experience for travelers.
- You must maintain an accurate calendar. Your calendar should be kept accurate at all times. This will save potential travelers from spending time submitting booking requests for unavailable dates and you time in having to respond about availability.
- You must use commercially reasonable efforts to respond to all booking requests from travelers within 24 hours of receipt of a request for booking.
- You must further agree to take commercially reasonable efforts to cause all traveler payments to be processed within 24 hours of authorization by the traveler for such payment
- You must maintain an accurate calendar. Your calendar should be kept accurate at all times. This will save potential travelers from spending time submitting booking requests for unavailable dates and you time in having to respond about availability.
- You cannot use one listing to drive bookings for multiple unlisted properties.
Offenses to these are violations of our Terms and Conditions. These standards are intended to minimize risk and provide the best experience possible for you and your travelers. Should any of these be violated, your listing is subject to less visibility to travelers, penalties that include but are not limited to removing or disabling your ability to receive inquiries, demotion or removal from search results, or removal from the listing site all together without any refund.]
These Standards outline certain requirements including but not limited to:
- Members must maintain an accurate reservation calendar on their listings;
- Members must use commercially reasonable efforts to respond to all booking requests from travelers within 24 hours of receipt of a request for booking;
- Members must further agree to take commercially reasonable efforts to cause all traveler payments to be processed within 24 hours of authorization by the traveler for such payment;
- Members must respond to and accept a material number of inquiries and booking requests received in the interest of the traveler experience; and
- Members are prohibited from cancelling a material number of accepted bookings.
24. Additional Member Representations.
Each member represents and covenants that: (i) it owns or has all necessary rights and authority to offer for rent and to rent the property listed by such member; (ii) it will not wrongfully withhold a rental deposit in breach of the underlying rental agreement; (iii) it will accurately describe the subject rental property, will not fail to disclose a material defect in, or material information about, a rental property and will upon request, or otherwise from time to time, review the property listing content and location or geographic description to ensure it is accurate and not misleading ; (iv) it will not wrongfully deny access to the listed property; and (v) it will not fail to provide a refund when due in accordance with the applicable cancellation policy or underlying rental agreement. In addition, if PROV.COM/, through one of its guarantee or warranty programs and in its sole discretion, compensates a traveler for a loss caused by acts or omissions attributable to a member, PROV.COM/ reserves the right to pursue the member for the amount paid or contributed towards the loss.
Upon our request, each member agrees to promptly provide to us such proof of personal identification, proof that the condition, location, or amenities associated with the property are accurately described in the listing, proof of ownership of the property listed on the Site, and proof of authority to list the property. If you are a tenant who is listing a home, condominium, or apartment, please refer to your rental contract or lease, or contact your landlord, prior to listing the property to determine whether your lease or contract contains restrictions that would limit your ability to list your room, home, condominium or apartment Listing your home may be a violation of your lease or contract and could result in legal action against you by your landlord, including possible eviction.
25. Appearance in Search Results.
We cannot guarantee that your listing will appear in any specific order in search results on the Site. Search order will fluctuate based on a variety of factors such as search parameters, subscription level purchased, listing quality, how frequently a calendar is updated, traveler preferences, member response time, reservation history, online booking capability, compliance with posted listing practice requirements, and other factors that we may deem important to the user experience from time to time, hereinafter Best Match. Listing appearance or order in any particular search result may also vary depending on the search criteria used by the particular traveler. We reserve the right to apply various search algorithms or to use methods to optimize Best Match results for particular travelers’ experiences and the overall marketplace. [Listings placed on a non-subscription basis, such as pay-per-booking, may not always appear in search results.] Listings distributed on third-party sites are not guaranteed to display on such third-party site in any particular order or at all. Search results and order may appear different on PROV.COM/’s mobile application than they appear on the Site. To optimize the search experience for both members and travelers and improve the Best Match process, PROV.COM/ retains the right to run occasional tests that will be limited in duration but may alter how we display listings and search results.
26. Content, Layout and Copy.
All content and copy edits submitted by members are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine in our sole discretion does not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and photographs or any change made to any content, photograph or copy submitted by any member. All content must meet these Terms and our Content Guidelines. We reserve the right to edit content submitted to the Site in a non-substantive manner solely to ensure that the content complies with our Content Guidelines or formatting requirements. Members are responsible for reviewing and ensuring that any content displayed on the Site appears as the member intended.
Photographs should depict the vacation rental as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information or images that would violate the privacy rights, intellectual property rights, including without limitation to copyright rights, or any other rights of a third party. We reserve the right to not display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.
By submitting a photograph to us, the member represents and warrants that (a) it holds all intellectual property rights, including without limitation to all copyright rights, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (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 member of the PROV.COM/ Group from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted or in the event of claims that the use of a photograph violates another party’s copyright.
It is the member’s responsibility to obtain any and all permissions required to use, post and grant the foregoing rights in all photographic and other material used in its listings. The member warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request. Each member further agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member’s property or the Site.
28. Uses of Our Trademarks or Logos.
There are limited ways in which a member may use our trademarks or logos in connection with a listing without specific prior written authorization. The following are general guidelines. It is usually permissible for you to refer to PROV.COM/ or the name of one of our affiliate websites on which you list your property in a descriptive manner in your listing on the Site or in other permissible communications. For example, you might say "Check out my vacation rental on PROV.COM/," or "I list properties on PROV.COM/." However, you may not refer to PROV.COM/ or any of our affiliates in any way that might lead someone to believe that your company, property, listing or site is sponsored by, affiliated with, or endorsed by PROV.COM/ or one of our affiliates. For example, you may not say “PROV.COM/ sponsors my vacation rental,” or describe your property as “PROV.COM/'s best vacation rental.” You may not use the PROV.COM/ name or one of our affiliates’ names on any other website that lists vacation rentals without our prior written authorization.
The PROV.COM/ name and logo and those of the PROV.COM/ Group and our affiliates are trademarks or registered trademarks in the United States and other jurisdictions around the world. We generally do not permit the use of our names and logos, other than as described above or with our prior written authorization. If you want permission to use our name and/or logo in any other manner, including without limitation, on any website, business card, signage, t-shirt, etc., or if you have other questions, you may visit help. PROV.COM/ away.com.
29. Hypertext Links.
We reserve the right to refuse hypertext links to, or addresses of, other web sites from members' pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.
30. Substitution of Properties; Advertising More Than One Property; Property Managers.
Each listing must relate to an individual and uniquely identified property, unless you purchased a listing package that expressly allows for substitution of properties. This means that:
- The property in a listing may not be substituted for another property without our consent. We may approve a request in our discretion if the property manager's contract for the property was terminated and the member provides sufficient proof, as requested by us, and completes any additional forms we may request. The type and term of the listing for any substituted property shall be the same as the type and term of the originally-listed property, i.e. the term will not be extended past the original term. If a member submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and may choose, in our sole discretion, to retain any fees associated previously existing listing as compensation for the violation of this condition.
- The listing cannot be a mere example of properties in a given area. Only one property can appear on each listing, unless it is a property with multiple rental units and additional listings are purchased. We reserve the right to amend the copy or remove any listing when more than one property is described in such listing, and may choose, in our sole discretion to retain any fees associated such non-conforming listing as compensation for the violation of this condition.
31. Payment Method Requirements; Bank and Credit Card Fees.
[No member may request any traveler 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 may result in the immediate removal of the non-conforming listing from the Site without notice to the member and without refund. From time to time, we may become aware of users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method. Ideally, we hope to be able to assist users in avoiding such transactions, but we assume no liability or responsibility to do so or to inform users of any such actual or suspected activity.
Users’ bank or credit card companies may impose certain fees or charges, including, but not limited to, foreign transaction fees, related to any rental of a property. It is the user’s obligation to review any agreement with its bank or credit card company concerning any such fees.]
32. Subscription Payments; Automatic Renewal of Subscription Payments.
[Payment for subscription listings must be made to us in U.S. Dollars paid either by major credit or debit card, PayPal, or a check drawn on a U.S. bank. For any subscription paid for by credit card or PayPal, such subscription shall automatically renew at the expiration of the then-current term for an additional term of the same duration as the previous term and at the then-current non-promotional subscription rate. If such subscription was purchased by check or another form of payment other than by credit card or PayPal, if such other payment form was permitted, such subscription shall not be automatically renewed. The automatic renewal feature allows your service to remain uninterrupted at the expiration of your then-current term. If you wish to turn off auto-renewal, you must log on to your account and manually turn off auto-renewal in your owner dashboard at least five days prior to expiration of the then-current term. Upon any such turning off of auto-renewal, your subscription will remain active through the expiration of your then-current subscription term; however your subscription will not be automatically renewed upon the expiration of your then-current term. If your subscription does not auto-renew or expires at the end of your then-current subscription term and you desire to renew your subscription, you will be required to pay the then-current non-promotional subscription rate to renew your subscription or to activate a new subscription.
If you do not turn off auto-renewal and you continue to use our subscription service, you re-affirm and authorize us to charge your form of payment at the end of each subscription term for an additional term of the same duration as the initial term and at the then-current, non-promotional subscription rate for the same product or service.
If the product or service that you last purchased has changed in any way or is no longer offered, you agree and authorize us to charge your form of payment at the renewal of your subscription term for a product or service that is the most similar, as determined by us, to the product or service that you previously purchased, even if the price of such product or service is not the same as the prior product or service that you purchased. You agree to be responsible for any such charges, and we reserve the right to obtain payment directly from you if necessary. If you wish to change your form of payment to be charged or if your form of payment information otherwise changes, see help. PROV.COM/.com for information on updating the payment information in your owner dashboard, as applicable or to provide the new or different form of payment information.
If a Site enables you to list your property on a basis other than by subscription, you agree to pay us compensation as described to you in the registration process, which compensation may be changed by us from time to time without notice by us displaying the compensation on the Site on which you registered for the listing. The registration process and additional notices you may receive from us may also provide additional terms and conditions for such listings.
33. Subscription Term and Refund Requests.
All subscription listings are sold to run the full term that is chosen by the member. The term starts on the date that the member submits the full or initial (as applicable) payment and expires one year thereafter. For example, for an annual subscription term, if the member submits payment for the subscription on July 1st, the subscription would expire on June 30 of the following year. If you renew your subscription listing, or if your subscription listing automatically renews, your listing will remain online for the new subscription period without refund.
Generally, no refunds are available unless a member qualifies for a refund under any special program we may have in effect. If you believe you qualify for a refund, you may contact customer support by sending your request to the address listed under “Contact Us” above and include your listing number, and your reason for requesting a refund. We will then determine, in our sole discretion, whether any refund is due. If you sell your property and no longer wish for the listing to remain online, please contact us and we can remove the listing; however, no refund will be owed.
34. Additional Terms Applicable to Pay-Per-Booking Listings.
For all pay-per-booking listings, the terms and conditions in effect at the time a booking is accepted will govern and supersede any prior agreement between us and you with respect to your use of the Site.
These Terms constitute the entire agreement between us and you with respect to the matters set forth herein,
A description of the features and applicable fees that will apply to pay-per-booking listings will be displayed under the “List Your Property” tab of the Site offering such product, when made generally available. Pay-per-booking listings are subject to the additional terms, conditions and requirements set forth during the registration for such listing, including those of our third party providers. Online booking and payments is required for all pay-per-booking listings. Online payments provided by third-party providers are subject to the terms and conditions and privacy policies of such providers.
Pay-per-booking listings may be converted to subscription listings at any time; however any bookings already made prior to conversion shall remain subject to applicable pay-per-booking fees. Cancellation policies are required for all pay-per-booking listings, and requirements for such cancellation policies shall be displayed through the “List Your Property” tab of the Site offering the pay-per-booking listing.
35. Distribution of Listings to Third Party Websites.
To enable members to obtain broader distribution of their properties, we may provide your listing information and content, or otherwise provide for the distribution of your listing on a third party website. Additional terms and conditions may apply to such distributions, as we may notify you of via your owner dashboard or email.
36. Termination of Listings; Other Remedies.
If, in our sole discretion, any member submits unsuitable material to our Site or into our database, is not abiding by local rental regulations and is creating a nuisance in its community, misuses the Site or our online system or is in material breach of these Terms, we reserve the right to limit the member’s use of the Site, impact the member’s listing(s) search position, and/or terminate such member’s listing immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a member’s listing or rental practices that, in our sole discretion, warrants the immediate removal of such member’s listing from the Site (for example, and without limitation, if a member double-books a property for multiple travelers on the same date, or engages in any practice that, in our sole discretion, would be considered deceptive, unfair or improper within the vacation rental industry or in an online marketplace for vacation rentals, if we determine or suspect that the member’s payment-related practices or procedures are not secure, legal or otherwise proper, or if we receive a complaint that any listing’s content infringes on the rights of a third party), then we may immediately terminate such member’s listing(s) or subscription(s) without notice to the member and without refund. We assume no duty to investigate complaints. Finally, if any member is abusive or offensive to any employee or representative of the PROV.COM/ Group, we reserve the right to terminate such member’s listing(s) or subscription(s) immediately without refund.
In addition to reserving the right to terminate any listing, PROV.COM/ reserves all rights to respond to any violation of the Terms or misuse of the Site by, including, but not limited to, hiding a listing from the search results, marking a member as “out of office,” and removing or changing information that may be false or misleading.
Additionally, you agree to defend and indemnify PROV.COM/, its affiliated companies, and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your breach of these Terms or the documents referenced herein;
- your violation of any law or the rights of a third party; or
- your use of this Site.
Who processes your personal data, and where?
We do not knowingly collect or process data from anyone under the age of eighteen (18) years old.
The information we gather
At various times you may give your personal data to us. For example, in order to send a booking request or inquiry from you to a property owner or manager, we may need to know all or some of the following: your full name, address, telephone number, e-mail address, your current location, and, in the case of a listing, a method of payment. You may also give personal data to us at other times, such as when registering on the Site or when submitting a listing for a property. We also receive your personal information when you set up financial account information for payment processing. We may also gather information from cookies or web beacons. You can find out more about how they operate in the relevant section of this policy below. We also collect IP addresses, mobile device identifier details, your location, navigation and click-stream data, the time of accessing the Site, homes you viewed, what you searched for, the duration of your visit, and other details of your activity on the Site. If you ask us to connect with other sites (for example if you ask us to connect with your Facebook account) we may get information about you that way too. In connection with electronic communications we facilitate through a Site, we use electronic or manual checks to monitor such communications for trust and security purposes. For further details on how we collect personal data, see Surveys and Communications below. We obtain data from you either by you inputting your personal details, by the automatic collection of information about you as you use the Site, when we speak to you, or from third parties. Third party information may include financial information from our payment processor partners that we use to update our records and to prevent and detect fraud, information from your mobile provider if you are accessing the Site over a mobile device or information from a third party such as a social media or travel opinions site where you have asked us to share your data with them.
How we use your personal data
Our primary purpose in collecting your personal data is to provide you with the services you request and those which we believe will optimize your use of the Site. You agree that we may use your personal data for the following purposes:
- For the services provided on the Site or to support your request;
- To contact you from time to time with user or service updates;
- To send other messages that help us provide our services on the Site;
- To assist people you have done (or have agreed to do) business with. For example if you are an owner and a traveler who has booked or inquired with you needs your details we may pass them on. If you are a traveler and an owner you have booked with needs to contact you we may give them your details;
- To customize, measure, report on and improve our services, content and advertising;
- To promote services related to the Site or those of the PROV.COM/ group and/or our affiliates;
- To compare information for accuracy, update our records, and verify it with third parties;
- To prevent, investigate or prosecute activity we think may be potentially illegal, unlawful or harmful; and
We collate statistics about site traffic, sales and other commercial information which we pass onto third parties to assist us with improving the services we provide to you. We also use demographic information to tailor the Site and we share that information with third parties so that they can build up a better picture of our customer base and general consumer trends.
If you are a property owner or manager, we may also display your phone number on the listing itself so that travelers may contact you and to restrict fraudulent behavior. We may also contact you about your account and your use of our services.
How We May Disclose Your Personal Data
We may disclose your personal data to enforce our policies, or where we are permitted (or believe in good faith that we are required) to do so by applicable law, such as in response to a request by a law enforcement or governmental authority, or in connection with actual or proposed litigation, or to protect our property, people and other rights or interests.
We may also share your personal data with:
- One of our partners if you've requested their services or if you’ve requested to be provided with information by them;
- The provider behind PROV.COM/’s $1M Liability Insurance, including traveler information related to covered stays;
- Another member if you have done business with them;
- A third party performing services on our behalf, such as to process payments;
- Companies in the PROV.COM/ group and/or affiliates; or
- Other companies or business entities, for example if we are thinking of a merger with or sale to that company or business entity;
- Other companies we work with to feature all or part of the property listings or otherwise provide promotional or other services related to our or PROV.COM/ group’s business. This might include featuring your listings and photographs on other websites;
- Any third party you have asked us to share your personal data with – such as Facebook if you have asked us to connect with your Facebook account; or
- Any legal or governmental entity pursuant to a subpoena or other legal request, or as necessary to remit certain taxes in the course of processing payments.
You may have accessed our Site through a hyperlink from the website of one of our partners. If so, you consent to your personal details and purchase information, including behavioral patterns, being shared with that trading partner in accordance with our contractual relationship with them.
We and the PROV.COM/ group may offer different communications from time to time intended to enhance the services we or they offer. Users may cancel their subscription to these communications at any time, although it may take a short while for the changes in your preferences to become effective.
We also use surveys to collect information about our users. From time to time, we request users' input in order to evaluate potential features and services. The decision to answer a survey is completely yours. We use information gathered from surveys to improve our services.
When you download or use apps relating to our websites, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to turn off location services. If you have questions about how to disable your device's location services, we recommend you consult your device’s manual, or contact your mobile service carrier or your device manufacturer.
Inquiries and other Electronic Communications
Travelers may send inquiries to property owners or managers via clickable links on the listings on a Site. Further, travelers and property owners or managers may communicate with each other via tools on a Site. If you choose to send an inquiry or booking request through these links, your personal information, including your email address and any other information you supply (unless the Site specifies otherwise), will be visible to the property owner or manager in question so that they might reply directly to you. Your details may also be sent to us and we have access to those communications even if you contact the property owner or manager directly. If property owners or managers and travelers further engage in communications through a Site, we also have access to those communications, which we monitor for compliance and security purposes. Additionally those inquiries and messages may be hosted on, be processed by or transmit through our servers. If you engage in such communications and call the other party, you may be asked to leave a return telephone number. Do not share information in the e-mail or phone call that you are not prepared to allow such person and PROV.COM/ group to have, including, but not limited to, credit card and bank account information. In addition inquiries and messages can be sent to the individual member you selected and to our system. Our customer service team may share such communications with property owners or managers. We may also from time to time, use third party e-mail servers to send and track receipt of such communications, and analyze the pattern of such communications for trust and security purposes as well as to gather data, such as inquiry and booking data (on an anonymous basis), to assist us in better understanding our business.
How Do We Protect Your Personal Information Once We Have It?
We take reasonable technical and organizational measures to guard against unauthorized or unlawful processing of your personal data and against accidental loss or destruction of, or damage to, your personal data. While no system is completely secure, we believe the measures implemented by the Site reduce our vulnerability to security problems to a level appropriate to the type of data involved. We have security measures in place to protect our user database and access to this database is restricted internally. However, it remains your responsibility:
- To protect against unauthorized access to your use of the Site;
- To ensure no one else uses the Site while your machine is logged on to the Site (including by logging on to your machine through a mobile, Wi-Fi or shared access connection you are using);
- To log off or exit from the Site when not using it;
- Where relevant, to keep your password or other access information secret. Your password and log in details are personal to you and should not be given to anyone else or used to provide shared access for example over a network; and
- To maintain good internet security. For example if your email account or Facebook account is compromised this could allow access to your account with us if you have given us those details and/or permitted access through those accounts. If your email account is compromised it could be used to ask us to reset a password and gain access to your account with us.
You should keep all of your account details secure. If you think that any of your accounts has been compromised you should change your account credentials with us, and in particular make sure any compromised account does not allow access to your account with us. You should also tell us as soon as you can, so that we can try to help you keep your account secure and if necessary warn anyone else who could be affected.
If you have asked us to share data with third party sites, however (such as Facebook) their servers may not be secure. Payment card and bank account information is generally stored by our payment processing partners and we contractually require them to keep that data secure. We also use third parties to help us optimize our Site flow, content and advertising (see below).
Note that, despite the measures taken by us and the third parties we engage, the Internet is not secure. As a result others may nevertheless unlawfully intercept or access private transmissions or data.
What are Cookies, Web Beacons and Clear GIFs and Why Do We Use Them?
You may delete and block all cookies from this site, but parts of the site will not work. We want to be open about our cookie use.
We gather and share information concerning the use of the Site by property owners and managers and travelers with one or more third-party tracking companies for the purpose of reporting statistics. To do this, some of the pages you visit on our Site use electronic images placed in the web page code, called pixel tags (also called "clear GIFs" or "web beacons") that can serve many of the same purposes as cookies.
Web beacons may be used to track the traffic patterns of users from one page to another in order to maximize web traffic flow. Our third-party advertising service providers may also use web beacons to recognize you when you visit the Site and to help determine how you found the Site. If you would like more information about this and to know your choices about not having this information used by these companies, please visit: the Digital Advertising Alliance’s website, http://www.aboutads.info/, or the Network Advertising Initiative’s website, http://networkadvertising.org/consumer/opt_out.asp.
Phishing or False emails
If you receive an unsolicited email that appears to be from us or a property owner or manager that requests personal information (such as your credit card, login, or password), or that asks you to verify or confirm your account or other personal information by clicking on a link, that email was likely to have been sent by someone trying to unlawfully obtain your information, sometimes referred to as a "phisher" or "spoofer." We do not ask for this type of information in an email. Do not provide the information or click on the link. Please contact us at Customer Support if you get an email like this.
Job applicants, current and former employees
If you use the Site to apply to work with us, we will use the information you supply to process your application and to monitor recruitment statistics. Where we want to disclose information to a third party, for example where we want to take up a reference, will not do so without informing you beforehand unless the disclosure is required by law. Personal information about unsuccessful candidates will be held for 12 months after the recruitment exercise has been completed, it will then be destroyed or deleted. We retain de-personalized statistical information about applicants to help inform our recruitment activities. PROV.COM/ is based in the US and employee and recruitment data is held there and in other PROV.COM/ group locations worldwide.
Once a person has taken up employment with us, we will compile a file relating to their employment. At that stage we will give you more details about how we hold employee details.
Your California Privacy Rights
If you are a California resident, California law permits you to request certain information regarding the disclosure of your personal information by us and our related companies to third parties for the third parties' direct marketing purposes. To make such a request, please use the contact information below.
How do I correct or update my information?
If you are a property owner or manager, the best way of seeing any personal information processed by us is to log on to your account by using the ‘Owner Login’ tab at the top of the screen. You can see your basic details and correct or update them there at any time to suit you. We also want to give you the opportunity to identify any inaccuracies in any other information we hold about you. Where possible, if we're told about the inaccuracy of any personal information, we will make appropriate corrections. You can ask to see, update or amend any information we hold on you by contacting us using the information below. We may not be able to delete your personal information without also deleting your user account. You will not be permitted to examine the personal information of any other person or entity. In order to verify your identity, you may be required to provide us with personal information prior to accessing any records containing information about you. We may not accommodate a request to change or delete personal information if we believe doing so would violate any law or legal requirement, or cause the information to be incorrect.
We will honor any legal right that you have to access, modify or erase your personal information. To request access and to find out whether any fees may apply, if permitted by applicable state, federal, or national law (outside of the United States), please contact us using the information below.
How do I opt-out of receiving marketing communications from you?
We will contact you from time to time for marketing purposes. Unless you have opted out, this could include contacting you by phone or email.
You may opt-out of receiving marketing communications from us by the following means:
1. Contact us at Customer Support;
2. Follow the instructions included in each communication or newsletter;
3. Use the Unsubscribe function; or
4. Mail the request to us at 1011 W. Fifth Street, Suite 300 Austin, Texas 78703.
Please remember that if you change your preferences it may take a short time for those preferences to become effective.
How long will we keep your personal data?
How do I contact you?
We reserve the right to remove any content contributed to a PROV.COM/ website by members, travelers or any other user of the website, each hereinafter a user, which does not meet the following guidelines. Reviews, review responses, forum posts and any other content submitted by a user, hereinafter collectively contributed content, are the subjective opinions of the user who posted the content, hereinafter the user or publisher. Such content is not the opinion of PROV.COM/ and is not endorsed by us.
While we encourage all users to post only information that is truthful and accurate, PROV.COM/ is not a fact finder and cannot be put in a position to determine the legitimacy of contributed content. All users should know that their contributed content could subject them to misrepresentation or defamation claims, which PROV.COM/ will not moderate or arbitrate.
Contributed content, including without limitation, property listings, reviews and responses, must adhere to the Terms and Conditions of the PROV.COM/ website in which such contributed content is posted on as well as the following guidelines:
- A review must be submitted within one year of the date of stay.
- Users who post content must have all legal rights to post the content.
- The content must be directly related to its purpose. Examples include:
- Property listing descriptions must relate to the property.
- Property listings should not direct travelers to third-party websites.
- Reviews of a property must focus on either the traveler’s experience renting the property from the member or the member’s experience renting the property to the traveler.
- Reviews and responses should not disclose the physical location of the property.
- As all members have the ability to change or negotiate the rate accepted for a property, reviews and responses should not disclose the actual rates charged by the member.
- Users cannot post a review or response for the direct purpose of forcing the other party to pay or return funds as that is not beneficial to the community as a whole.
To submit a review, a traveler or member must meet the following requirements:
- The traveler or member must be able to provide satisfactory evidence of the stay. Satisfactory evidence includes:
- Possessing a receipt of property access information from PROV.COM/ [Mobile Hospitality Manager];
- Payment made in accordance with the rental agreement whereby the traveler arrived and had to stay at an alternative property due to unforeseen circumstances.
- Members may not review a property that he or she owns or manages and travelers may not review themselves.
- All users submitting a review must also be able to validate his or her identity or email upon submission.
- PROV.COM/ Customer Support is unable to edit reviews on a user’s behalf. A user may contact Customer Support to remove their published review.
- In the event of legal action pertaining to contributed content, we will remove the relevant contributed content only upon receipt of a final Court Order demanding removal.
Digital Millennium Copyright Act (“DMCA”) POLICY
Notification of Copyright Infringement
PROV.COM/ on behalf of itself and each of the websites it operates respects the intellectual property rights of others and expects its users to do the same. PROV.COM/ has and enforces a policy of not permitting users to post any materials that infringe the copyrights of others, and under appropriate circumstances PROV.COM/ will terminate the account of subscribers and account holders who are repeat infringers. Repeat postings of infringing material are cause for termination of service.
In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, PROV.COM/ will respond expeditiously to claims of copyright infringement committed using the PROV.COM/ website. To report alleged copyright infringement taking place on or through the Site, please complete a written DMCA Notice of Alleged Infringement, hereinafter the Notice, and deliver it to PROV.COM/'s Designated Copyright Agent. Upon receipt of a Notice, PROV.COM/ will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and termination of the PROV.COM/ user’s account in appropriate circumstances. Please note that a Complainant may be liable for damages, including costs and attorneys’ fees, if he or she knowingly makes a material misrepresentation that content is infringing.
DMCA NOTICE OF ALLEGED INFRINGEMENT
Please include in the Notice:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PROV.COM/ to locate the material.
- Information reasonably sufficient to permit PROV.COM/ to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- The following statement and representation: I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- The following statement and representation: The information in this Notice is accurate, and under penalty of perjury, that (choose one) (i) I am the owner or (ii) I am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Deliver the Notice to PROV.COM/'s Designated Copyright Agent:
If you have posted material subject to a DMCA Notice that allegedly infringes a copyright, hereinafter the Counterclaimant, you may send PROV.COM/ a written Counter Notice pursuant to Section 512(g)(2) and 512(g)(3) of the DMCA. When PROV.COM/ receives a Counter Notice, it may, in its discretion, reinstate the material in question not less than ten nor more than fourteen days after receiving the Counter Notice unless PROV.COM/ first receives notice from the Claimant that he or she has filed a legal action to restrain the allegedly infringing activity. Please note that PROV.COM/ will send a copy of the Counter Notice to the address provided by the Claimant. A Counterclaimant may be liable for damages, including costs and attorneys’ fees, if he or she knowingly makes a material misrepresentation that that material or activity was removed or disabled by mistake or misidentification.
DMCA COUNTER NOTICE OF ALLEGED INFRINGEMENT
Please include in the Counter Notice:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- (2) The following statement and representation (to repeat verbatim): I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- (3) Your name, address, and telephone number, and the following statement and representation (to repeat verbatim): I consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which PROV.COM/ may be found, and I will accept service of process from the person who provided Notice under subsection (c)(1)(C) of the DMCA or an agent of such person.
- (4) Your physical or electronic signature.
Deliver this Counter Notice to PROV.COM/'s Designated Copyright Agent:
PROV.COM/ HAS NO OBLIGATION TO ADJUDICATE CLAIMS OF INFRINGEMENT
USER’S AGREEMENT TO HOLD PROV.COM/ HARMLESS FROM CLAIMS.
Claimants, Counterclaimants, and users understand that PROV.COM/ is not an intellectual property tribunal. While PROV.COM/ may, in its discretion, use the information provided in a DMCA Notice and Counter Notice in order to decide how to respond to infringement claims, PROV.COM/ is not responsible for determining the merits of such claims. If a Counterclaimant responds to a claim of infringement by providing a Counter Notice, the Counterclaimant agrees that if PROV.COM/ restores or maintains the content, the Counterclaimant will defend and hold PROV.COM/ harmless from any resulting claims of infringement against PROV.COM/.