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Owner Terms & Conditions

Owner Agreement

The KiahunaOwnerDirect.com website is operated by Kiahuna Owner Direct, LLC and offered to you only upon your acceptance, without modification, of the Terms and Conditions contained herein. Your use of this website constitutes your agreement to all current and prior terms, conditions, and notices.

(a) Registration.

By registering or signing into your account on KiahunaOwnerDirect.com (“Website”) as a vacation rental owner ("Owner"), you agree to provide accurate and current information about yourself as prompted by the registration process and maintain and promptly update your online profile information to keep it accurate and current, including but not limited to the information displayed in your KiahunaOwnerDirect.com account. By registering or signing into your account on this Website as an Owner with a listed vacation rental property (a "Listing" and collectively "Listings") on this Website, you represent and warrant that (i) you own and control all of the rights to the content, including text, descriptions, photos and any other content that you post or otherwise distribute regarding the Listings, or you otherwise have the lawful right to post and distribute such content to or through the Website; (ii) such content is accurate and not misleading (including, without limitation, descriptions, features, availability and rental pricing, and pictures (whether supplied by you or authorized by you to be taken by KiahunaOwnerDirect.com from another web site or service)); and (iii) use and posting or other transmission of such content does not violate this Agreement and will not violate any rights of or cause injury to any person or entity. You also agree to promptly provide proof of personal identification, ownership of the property listed or authority to list the property as we may request. We reserve the right to refuse, in our sole discretion, any Listing or remove Listings, either temporarily or permanently based on the content and accuracy of such Listing, including without limitation, accurate calendar availability and rate information. We may refuse to publish the Listing for any reason, and you hereby expressly agree to release and hold us harmless from any loss or liability that may arise from such a decision.

(b) Term, Renewal and Cancellation.

As applicable to you, Listings are sold to run for the entire term from the date of payment. Payment for subscriptions for Listings must be made in U.S. Dollars, paid either by major credit card or debit card. Such Listing subscriptions shall automatically renew at the expiration of the then-current term, monthly or annual as applicable, for an additional term of the same duration as the initial term. This automatic-renewal allows your service to remain uninterrupted. If you do not wish for your Listing subscription to be automatically renewed, you must manually cancel your Listing subscription by accessing your KiahunaOwnerDirect.com account and cancelling prior to the expiration of the then-current term. Upon any cancellation, your Listing subscription will remain active through your then- current term; however your Listing subscription will not be automatically renewed upon the expiration of this term. If your subscription is cancelled at the end of your then-current Listing subscription term for any reason, and you thereafter desire to renew your Listing subscription, you will be required to pay the then-current non-promotional subscription rate to activate a new subscription. If you do not cancel your Listing subscription, you re-affirm and authorize us to charge your credit card 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. You agree to be responsible for any such charges, and we reserve the right to obtain payment directly from you if necessary. You may disable a Listing prior to the end of the term and thus remove the Listing from the Website; however, disabling a Listing will not cancel your subscription. No refunds or extensions of time are available for disabled or cancelled Listing subscriptions.

(c) Complaints and Removal of Listings.

If we become aware of or receive a complaint from any person or entity regarding a member's Listing or rental practices that, in our sole discretion, warrants the immediate removal of such member's allegedly offensive Listing from the Website (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 unfair within the vacation rental industry, or if we receive a complaint that any listing's content infringes on the rights of a third party, or the user has been fraudulently posting reviews, or is in violation of this Agreement), then we may immediately remove the allegedly offensive Listing from the Website without notice to the member and without refund while we investigate the basis for the complaint. If we conclude, in our sole discretion, that any such complaint is meritorious, then we may permanently remove the offensive Listing from the site without notice to the member and without refund.

(d) Content Restrictions.

You represent and warrant that each Listing displays an individual and uniquely identified property available for short term rent. KiahunaOwnerDirect.com reserves the right to amend or remove any Listing. You agree that each Listing is subject to review and KiahunaOwnerDirect.com reserves the right to edit, amend, improve any Listing and the design, layout and functionality of Listings and the Website, in its sole discretion and without notice to you. You represent and warrant that the Listings will not contain addresses of other web sites, HTML, code or other markup languages, other than as provided herein. Addresses of other web sites, HTML, code, or other markup languages will be removed from Listings without notice. You agree not to place email addresses within your listings other than in the designated area to help prevent SPAM and discourage email harvesting robots from crawling KiahunaOwnerDirect.com. Email addresses included outside designated areas will be removed from Listings without notice.

(e) Content License.

You grant KiahunaOwnerDirect.com, its affiliates, and licensees (i) a nonexclusive, royalty-free, perpetual, transferable, irrevocable right to use, reproduce, modify, edit, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such content throughout the world in any media, now known or hereafter devised; (ii) the right to use the name that you submit in connection with such content, if they choose; and (iii) you grant KiahunaOwnerDirect.com and its affiliates the ability to copyright and protect the images, copy and other content available via your Listing from the unauthorized use by unaffiliated third parties who may attempt to use such information and grant us the right to pursue at law any person or entity that violates your or KiahunaOwnerDirect.com's rights in the content by a breach of this Agreement. You further agree to assist us - at our expense and control - to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any member and each member will indemnify and hold harmless KiahunaOwnerDirect.com against any action brought for breach of copyright or other rights from the use of such content. You hereby waive and release all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us. You agree that we may reproduce in whole or in part any photographic material supplied by you in the promotion of your property or the promotion of the Website.

(f) Other Rights in Content.

You understand that content submitted will be considered non- confidential and KiahunaOwnerDirect.com, its affiliates, and licensees will be under no obligation to treat such content as proprietary information. Without limiting the foregoing, KiahunaOwnerDirect.com, its affiliates, and licensees reserve the right to use the content as they deem appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. KiahunaOwnerDirect.com, its affiliates, and licensees are under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to KiahunaOwnerDirect.com. KiahunaOwnerDirect.com, its affiliates, and licensees shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties.

(g) Responsibilities as Owner.

You acknowledge that: (i) you will be responsible for and agree to abide by and adhere to all laws, rules and regulations applicable to the advertisement of your rental; (ii) KiahunaOwnerDirect.com is not a property management company; (iii) prospective renters will contact you directly using the email contact, booking or payment forms or the contact information provided with the Listing; (iv) KiahunaOwnerDirect.com is not responsible for renters of property (it is your responsibility to validate the qualifications of the prospective renters and rent a Listing on terms and conditions acceptable to you); and (v) KiahunaOwnerDirect.com may, at no additional cost to you, license third-party web sites to advertise the Listings in order to maximize the visitors to your listing.

(h) Disabling Listings.

You understand that you may disable any Listing at any time (such listing will generally be removed from KiahunaOwnerDirect.com within seven business days).

(i) Prohibited Activities.

You agree not to post, email, or approve for posting, content, whether in Listings or otherwise, that violates the Fair Housing Act by stating a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap; or that violates any state or local law prohibiting discrimination on the basis of these or other characteristics; that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch".

(j) Accuracy of Listings.

As an Owner, you may provide or approve Listings. You represent and warrant that all information contained in Listings will be true and accurate in all material respects and will not omit anything that may be material to the decision of a user interested in a transaction. You understand that renters will rely upon your Listings, and any misstatements or omissions about the Listing may result in liability and other consequences to you including, but not limited to, cancellation of your Listing and/or account with KiahunaOwnerDirect.com. You expressly release KiahunaOwnerDirect.com and its users from any liabilities or obligations that may arise from any misrepresentations, omissions, or misstatements in the Listings you provide to KiahunaOwnerDirect.com (including Listings you approve) and others who use the Website. You may also provide limited additional rules or rental policies and agreements of use for your Listings, but KiahunaOwnerDirect.com will have no obligation to monitor, police or enforce such rules, and KiahunaOwnerDirect.com will have no liability or obligation to you or to a renter for any violation of such rules. You understand and agree that KiahunaOwnerDirect.com is a referral service only, and in no event shall KiahunaOwnerDirect.com be a party to any rental contract or agreement between you and a Guest.

(k) Contact Information.

As an Owner, you represent and warrant that contact information for past guests that you enter into the Website through our service or other automated processes (including providing contact information of past guests directly to KiahunaOwnerDirect.com), shall be the valid contact information of past renters. If such contact information is provided in relation to a specific Listing, you represent and warrant that to the best of your knowledge such information is accurate and renters are truly and accurately associated with Listings that they rented.

(l) Reviews.

You hereby agree to allow KiahunaOwnerDirect.com to send review requests on your behalf based on the contact information (email address) of past guests that you provide and that KiahunaOwnerDirect.com shall have the right to retain this contact information, including guests' names and email addresses for record keeping purposes. KiahunaOwnerDirect.com respects the privacy of your customers and our users and hereby agrees not to reuse this information for remarketing purposes. Users who register an account with KiahunaOwnerDirect.com shall be subject to this Agreement and may be contacted in connection with KiahunaOwnerDirect.com services or information.

(m) Confirming or Rejecting Bookings.

When an Owner requests payment from a traveler, that quote is sent to that potential guest, who can confirm the booking by submitting payment through KiahunaOwnerDirect.com. The quote will expire automatically once the date the Owner schedules the first payment to be due is in the past or cancels the quote.

(n) Fees for KiahunaOwnerDirect.com Payments.

In consideration for providing the KiahunaOwnerDirect.com Payments service, KiahunaOwnerDirect.com charges: [Insert Fee Terms].

(o) Cancellations and Refunds.

If you cancel a quote via our Website, we will notify the Guest that the Listing is no longer available. If you cancel a confirmed booking made via our Website, the cancellation policy for the Listing will apply to and govern the terms of your cancellation and amount, if any, of the Total Fee to be refunded to the Guest.

(p) KiahunaOwnerDirect.com Liability.

We are not party to your rental transactions with Guests and are not responsible for ensuring that Guests make the payments due in relation to their bookings. We also are not responsible for chargebacks, cancellations, refunds or any disputes between you and Guests. You shall not hold KiahunaOwnerDirect.com responsible for any acts or omissions of Guests.

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