Terms and Conditions

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In using or accessing BeachListings.com (“Beach Listings” or “Site”), you are deemed to have read and agreed to the following terms and conditions (“Terms”). Without fully agreeing to these terms and conditions, you may not access or use the services of this site. Such usage on your part constitutes your acceptance to all terms, notices, and clauses, without modification to any of said Terms. Please take the time to fully read the Terms, as they constitute a legally binding agreement between you and Beach Listings. The Terms may be updated by our staff as we deem necessary to make any changes.

1. Description of Service

Beach Listings is an advertisement website that serves as an intermediary between rental property owners and renters. We do not book rentals or confirm any bookings made between renters and the rental property owners. We assume no liability for any disputes between property owners and renters/potential renters. We will not be held liable for any actions between any of the parties that may result in any form of personal or financial loss from either the property owner or the renter. Our liability does not go beyond the listing price that each individual property owner pays for our intended advertisement services.

Furthermore, Beach Listings only functions to advertise properties where individual or commercial property owners pay for our listing services. Our policy is to not knowingly publish any false or misleading information about a property or its owner. However, beyond what information each property owner gives for their individual advertisement, we have no further knowledge of each listed rental property. Know that we do not confirm or warrant any information on any beach rental advertisement on our site. Thus, we are not held responsible for any false information that an owner may put on their website. It is the sole responsibility of the renter to confirm all of the information published herein.

2. Service Policy

Our advertisement firm prides ourselves on the outstanding quality of our work and service. However, we make no guarantee that our site will be available 100% of the time. As stated, we are not responsible or liable for any costs or damages beyond your listing price that you pay for our advertisement services. The Internet and email are not 100% reliable and are not considered to be exclusively private. Thus, Beach Listings and its affiliates will not be liable for any undelivered emails or inaccessible web pages that may result in missed rental income, or income of any other nature.

3. Payment Policies

By using Beach Listing services, you agree that all information you provide the Beach Listings staff is accurate, to the best of your knowledge and ability. This information must be wholly truthful, complete, and current. If any information is found to be intentionally inaccurate, untruthful, misleading, or grossly negligent, your account may be temporarily suspended and/or permanently terminated, without refund. You agree to keep any change of information current with the Beach Listings directory. This is fully your responsibility to make such changes to both your personal profile and property information.

Furthermore, you agree to abide by the terms of the fee schedule, in exchange for using our services. Currently, our costs are $120 per year. You agree to pay this amount in exchange for using our services for one calendar year from the date that your rental ad is placed on the site. Beach Listings agrees to abide by any promotional discounts, coupons, etc. that are initiated and proposed solely by the Beach Listings staff.

Any failure to pay the initial yearly fee within a reasonable time, determined by the Beach Listings staff, will result in the deletion of your account profile and property data from our database. Those users who wish to renew their property(s) from previous year(s), into the next, will be notified that their payment is due. A grace period, as determined by the Beach Listings staff, will be given to these members to pay for the next year’s services. After the reasonable period has lapsed, the member’s property(s) will be deleted from our database.

Beach Listings reserves the right to modify the fee schedule at any time, without any prior notice to its members, and to charge the new fees to you from the point that the schedule is adopted. You agree to adopt the new fee schedule at the renewal period, as long as the fee schedule is posted on the Beach Listings Terms and Conditions at the date of renewal. Any failure to pay the new fee schedule, or any current fee schedule, will result in Beach Listings reserving the right to terminate your account and remove your property(s) from our site.

By using our services, or joining as a member, you pledge that you are at least eighteen (18) year of age. Our policy and strict stance is to not knowingly enter any contract or agreement with anyone under 18 years of age.

4. Refund Policies

Beach Listings performs a large part of our services in establishing your account, listing your rental advertisement, and ensuring proper and efficient designs for your property. Also, the costs for our services are among the lowest in the industry. Thus, our policy is to not offer refunds after 30 days. During the first 30 days of a new subscription, a subscriber may request a refund of their fee for that year; however, only 25% of the fee will be refunded.

Beach Listings is not held responsible for the refund of rental fees for any reason whatsoever. Each property owner sets their own refund/cancellation policies. It is the sole responsibility of the renter to check the refund/cancellation policy of each rental property owner; written notice of these policies is the recommended method. Another method of protecting oneself is the purchase of trip cancellation insurance.

5. Membership Policies

If you sell your rental property, or wish to take it off of the rental market, we can remove your rental listing either permanently or temporarily. There will be no refund or time extension of the advertisement. If you sell your actual rental property, our firm is able to transfer the listing over to the new property owner’s name and information. This responsibility of transfer lies with the seller of the property and the new property owner. We will transfer the information once we have received written verification or proof of sale from the property seller and the new property owner. We are sorry for any inconvenience, but this is for your protection. It is also your responsibility to agree upon any compensation between the new rental property owner and seller for the transfer of the rental advertisement on Beach Listings’ website.

Furthermore, each property owner is responsible for researching and adhering to any local laws or regulations that might apply for renting your property. These responsibilities include, but are not limited to, business licenses, any and all applicable taxes, permits, safety regulations, and any other type of compliance issue that might be required.

No member of Beach Listings shall sell his rental advertisement to any other property owner or any other person. Your subscription that you purchase from our Site is intended for your sole use. Any member who is caught transferring, selling, gifting, etc. a property listing to another person, except where the ad listing is sold along with the property to the new actual real property owner, will forfeit any monies that he has paid. We reserve the right to automatically cancel that user’s membership, as well as any owner to whom the listing is transferred.

Beach Listings reserves the right to access, edit, delete in part, add, or reject in whole any advertisement listing, and any other information on our site. Each advertisement listing, and any other information on our site, including but not limited to, any artwork, agreements, etc. is considered the sole property of our firm. It shall not be copied or reproduced for any usage without our exclusive written permission.

All members of this site agree that this is a family oriented site, and that any and all written materials or photos should not contain any questionable, risky, sexual, vulgar, or profane materials therein. Our firm and its affiliates will be the sole judge of what material meets these criteria. If you have a question as to whether something may fall in this category, we are available to answer any questions that you may have. We reserve the right to edit or reject the listing in whole or in part for any owner who violates any of the aforementioned guidelines.

Furthermore, as a Beach Listings member, you represent, warrant, and covenant that all information in your listing herein and the website to which any listing may link, does not violate or infringe upon any law, regulation, copyright, patent, mark, trademark, trade secret, or any other type of intellectual property. Also, by employing our services, you agree that any material that you may put in your listing or may link to another website is not false or misleading, does not infringe upon anyone else’s or entity’s rights of privacy, and is not in any way libelous, defamatory, or threatening. Any idea that our firm may give to any of our clients is just an idea; the decision to employ any such idea is solely up to each client. You are solely responsible for any materials, writings, photos, etc. that you may put in your listing.

6. Content Ownership

Beach Listings does not claim ownership in any of the information, photos, property descriptions, guest book entries, or any other form of content that you may place on our site. Each individual member is responsible for all content that they enter or that another may enter on your property advertisement. Each member has the responsibility to monitor their account to ensure all users abide by the Beach Listings policies.

However, all other content, including all text, photos, images, maps, files, and other materials placed on our site are the sole property of Beach Listings and its affiliates. They are protected by copyright and database rights, and they are for your personal use only. Any other non-personal use is strictly prohibited without prior written permission by the Beach Listings staff. Beach Listings reserves the right, and all members and guests agree to give our staff a license to access, use, reproduce, distribute, modify, and display any such content on the site, without paying any royalties or fees of any kind. We reserve said rights for as long as you keep said conduct on the site.

7. Outbound/Inbound Links

This agreement applies only to this site. You agree that the Site may contain outbound links or references to other Internet sites or resources, and that other Internet sites, resources, or any other means of reference may provide inbound links or advertisements regarding the Site. Beach Listings allows each member the opportunity to place a link on each advertisement to an external Internet site. Beach Listings has no control whatsoever over any outside sites linked to from Beach Listings. Thus, you further acknowledge and agree that neither Beach Listings, nor any of its affiliates, subsidiaries, employees, agents, owners, our parent company, etc. is responsible for any such sites or resources.

We do not endorse, promote, monitor, review, or have knowledge of any of the content, products, advertisements, images, opinions, or any other materials which are linked to from this website. Please be aware that we are not responsible for the privacy practices, or content, of these other sites. We encourage our users to be aware when they leave our site and to fully read the privacy statements of other sites. You should evaluate the security and trustworthiness of any other site which is link or accessed from this site before you disclose any personal information. You also agree that Beach Listings will not be held liable, either through direct or indirect damage or loss which is caused by, through, or in any other usage of such content on said site or resource.

8. Copyrights

No use should be made of materials on this Site, except as expressly authorized in the Terms. All content of this Site, including the design, layout, and other materials is owned by Beach Listings and it is protected by copyright and other intellectual property laws, including the sui generic rights relating to the protection of databases. You may not reproduce, copy, modify, republish, post, transmit, or distribute in any form any of the Site’s content, including software and computer code, in whole or in part.

9. Trademarks

BeachListings.com, the BeachListings.com logo, and all other Beach Listings logos, products, and service names are trademarks of our parent company, L J Holdings, LLC. Without our prior permission, you shall not display or use in any manner any of Beach Listings Trademarks.

10. Site Privacy Policy

Our Privacy Policy is on this Site and by accessing the Site, you agree to be legally bound by the Privacy Policy. The Privacy Policy in its entirety is hereby incorporated into this Agreement by reference. To read our Privacy Policy, please click here.

11. Warranties

THIS SITE CONTAINS INFORMATION CONCERNING BEACH LISTINGS THAT MIGHT BE USEFUL TO OUR MEMBERS, AS WELL AS TO THE GENERAL PUBLIC. HOWEVER, BEACH LISTINGS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF ANY INFORMATION CONTAINED HEREIN AND EXPRESSLY DISCLAIMS ANY ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMAITON, PRODUCTS, OR SERVICES, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THE SUBSCRIBER HEREBY WARRANTS AND REPRESENTS THAT HE OR SHE IS IN ALL RESPECTS QUALIFIED AND COMPETENT TO ENTER INTO THIS AGREEMENT.

12. Limitation of Liabilities

YOUR USAGE OF THIS SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL BEACH LISTINGS, OR ANY OR ITS AFFILITATES, SUBSIDIARIES, AGENTS, EMPLOYEES, OR OUR PARENT COMPANY (LJ HOLDINGS, LLC) BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMES ARISING OUT OF OR IN CONNECTION WITH YOUR USAGE, INABILITY TO USE THE SITE, OR YOUR RELIANCE ON ANY OF ITS CONTENT. THIS LIMITATION OF LIABILITY APPLIES TO ANY AND ALL LOSSES AND DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHERWISE INCLUDING WITHOUT LIMITATION TO LOSS OF DATA, PROFITS, REVENUE, GOODWILL, USE, OR ANY OTHER INTANGIBLE LOSS. THIS LIMITATION OF LIABILITY APPLIES, WHETHER THE ALLEGED LIABILITY IS BASED ON TORTIOUS BEHAVIOR, CONTRACTUAL DUTIES, NEGLIGENT BEHAVIOR, STRICT LIABILITY, OR ANY OTHER POSSIBLE BASIS, AND EVEN IF BEACH LISTINGS OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

13. Indemnity

In the event that any legal action is taken resulting from (i) your use of the content or the Site, including your breach of the Terms, or (ii) any unsolicited information provided by you, you agree to defend, indemnify, and hold Beach Listings harmless, as well as any and all of our subsidiaries, officers, agents, employees, and our parent company (L J Holdings, LLC) from any and all claims, including reasonable legal fees. Furthermore, you agree to pay all reasonable legal and accounting fees, without limitation, incurred by Beach Listings, its affiliates, subsidiaries, employees, agents, or parent company. This indemnification agreement extends to, but is not limited to, all property photos, descriptions, messages, postings, emails, other electronic transmissions, and any other possible content under your control that you knowingly or negligently enter, or allow to be entered within the responsibilities of your account, or other members’ accounts or pages that you may post information.

14. Jurisdiction

These Terms contain the entire agreement between the member or user and Beach Listings regarding the use of these services. Furthermore, each member should note that our company reserves the right to change any of these policies at any time without the permission of any rental property owner or renter. Changes to these terms of conditions, or notice provided via email, is sufficient notice to put each owner or renter on notice of any changes that may occur from time to time.

All parties agree that any disputes and all agreements, including but not limited to the Terms agreement, shall be construed as to the laws of the state of Tennessee. Venue shall be in Shelby County, Tennessee (at the sole discretion of Beach Listings) for any and all cases arising out of the use of our Site and/or regarding content published on our Site. Any and all disputes shall be submitted to the jurisdiction of Shelby County, Tennessee, thus disregarding any rules of conflicts of law, forum, and venue. By using this Site, or subscribing to this Site, you agree to all of these Terms.