Terms & Conditions of Service

The following definitions apply to these Terms of Service: "Agreement" means these Terms and Conditions of Service.   "Company" means Serentis Networks, Inc. "Site" means the website and all content located at the domain name garageapartments.com and all related sub-domains and portal websites registered by the Company and connected into garageapartments.com. "Owner Member" means a person (including his or her agents, representatives, and employees) who registers to place listings on the Site.  "Renter Member" means a person who registers to use the Site. "Guest" means a person who uses the Site without registering

SCOPE OF AGREEMENT

This Agreement governs the use of the Site and any related services and information provided to you, and may be modified or amended from time to time at the discretion of the Company.  To lawfully use the Site, you are required to read, acknowledge, and agree to the terms and conditions of this Agreement by clicking the “I agree” button.  By using this Site, you are agreeing to abide by the terms of the Agreement. If you encounter an Owner, Renter or Guest who fails to abide by these rules in any manner, please contact us immediately.

USE OF THE SITE

1.1 The Site is a fee-based, classified listing service for Owners and is provided free of charge to Guests and Renter Members. In order to place a listing, an Owner Member is required to register and to accept these Terms of Service. If you use the Site as a Guest, these Terms of Service will govern your use of the Site. In order to receive additional services as a Renter Member, you must register as an Owner Member or Renter Member of the Site and these Terms of Service will govern your use of the Site. By signing on to the Site as a Guest and/or completing the registration process and selecting the "log in" option, you are indicating your agreement to be bound by these terms of service as such terms may be modified from time to time and as such terms apply to your membership either as a "Renter Member" or an Owner Member.

1.2 We do not own or manage, nor can we contract for, any rental property listed on the Site. The Site serves as a venue to allow homeowners and property managers advertise on the Site. Owner Members may offer for rent in a variety of pricing formats, a specific rental property to potential renters, Renter Members, and Guests. We are not involved in any transaction between Renter Members, Guests and Owner Members. All parts of an actual or potential transaction between a Renter Member or Guest and an Owner Member, including the quality, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property or guest book review), the ability of members to rent a property or the ability of travelers to pay for rental properties are solely the responsibility of each user.

1.3 We are not responsible for the condition of the rental properties listed on the Site or the compliance with laws, rules or regulations that may be applicable to any rental property in any jurisdiction.

1.4 Users are granted a non-transferable, limited, revocable, non-exclusive license to access and use the Site and the content and services provided on the Site in accordance with this Agreement in a manner intended for authorized use. Any use of the Site that is not in accordance with these Terms or as otherwise authorized by us in writing is expressly prohibited.

Liability and Privacy Policy

2.1 While the Company endeavors to eliminate spam/fraudulent inquiries to listing Owner Members, it is not possible to guarantee that no such inquiries will be received by a listing Owners. Any listing Owner who receives a suspect inquiry is encouraged to notify the Company via the support form. The Company shall be held blameless and harmless for any cases of fraud resulting from transactions conducted through the the Site by any person whatsoever.

2.2 The Company shall not be held responsible for any website outages/unavailability, network outages/unavailability, undelivered inquiries, missed/untimely rental opportunities or cases of fraud. The Company shall not be held liable for any breach in transaction security caused by a third party arising out the creation of a user account and listing placement.

2.3 You are exclusively liable for the content of every message and screen name you transmit via the Site.

Unauthorized Use

3.1 Unless otherwise provided in this Agreement, or unless specific applicable law requires the Company to allow you to do so, you may not do any of the following without the prior written consent of the Company.

3.1.1 Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Content in any form whatsoever.

3.1.2 Reproduce our content on your website 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.

3.1.3 Modify, translate into any language or computer language, or create derivative works from, any content or any part of this Site.

3.1.4 Reverse engineer any part of this Site.

3.1.5 Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties.

3.1.6 Use the Site other than to make legitimate inquiries to the Site’s advertisers or the Company.

3.1.7 Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms.

3.1.8 Use or access the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site; or any other computer systems or networks used by the Site, or infringes on our copyright or the copyright of our advertisers.

3.1.9 Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party.

3.1.10    Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that impose an unreasonable load on our equipment.

3.1.11 Disguise the origin of the information transmitted through the Site.

3.2 The Company reserves the right to delete or deactivate any rental listing breaching this Agreement at its sole discretion with or without notification.

Non Solicitation

4.1 The Company provides this Service to permit users the ability to review information about rental properties around the world. You acknowledge that the Company has expended significant time and money in collecting the content contained within the Service. As a result, the Service is provided to you for the sole purpose of rental inquiries. Use of the Service and its content for any other reason, including but not limited to the solicitation of the Company's clients and advertisers is strictly forbidden ("Non-Solicitation").

4.2 You acknowledge that the Company's damages for your failure to adhere to the non-solicitation provision set forth herein are difficult to ascertain. As a result, you agree to pay to the Company, an amount equal to one thousand dollars ($1,000) for each violation of the non-solicitation provision.

4.3 This provision is intended to establish liquidated damages and is not intended as a penalty. This liquidated damages provision does not waive or alter any remedies available to the Company under this Agreement, at law or in equity for your default hereunder.

Access

5.1 Each Owner has access to his/her listing 24 hours per day with the exception of times when the Site is shut down for routine maintenance and upgrading and/or for reasons outside the Site control such blackouts or the shut-down of the users internet provider.

5.2 One Rental per Listing. You may not list more than one property per listing. If this is observed, you will be warned to remove the additional property advertisement, photos, etc. If you do not remove the information, the Company has the right to deactivate your listing with no refund.

5.3 A rental property may not be listed in more than one city. A posting of a listing to an overtly incorrect city/location (e.g. posting a Georgia listing under a Florida location) may be corrected by the Company by correction or deletion of the listing without notification.

Responsibility for Content in Listings

6.1 A listing Owner Member is solely responsible for the accuracy of the content of the list on the Site.  The Company disclaims any and all liability arising from any alleged inaccuracy of a listing.  A listing Owner Member agrees to indemnify and hold the Company harmless from all cost, loss, liability, and expenses, including attorneys fees, arising out of a claim relating to the content of a listing.

6.2 The Company is not a property manager and does not represent any owner or renter.

6.3 A listing Owner Member is responsible for maintaining the accuracy of their listing.

6.4 The Company is not responsible for the payment or refund of any fees or deposits collected by owners from renters.

6.5 Listing Owner Members are solely responsible for keeping their information current by updating the content of their listing, including, but not limited to any and all representations about the property, the type of rental or purchase, its amenities, location, and its availability for a specific date or range of dates.

6.6 The Company reserves the right to notify a listing Owner Member by email, phone, mail, or delivery service when a listing is no longer current and requires updating.

6.7 In the event that an Owner Member fails to keep its listing up to date,  the Company reserves the right to remove out-of-date content from the listing and/or remove the listing.

6.8 The Company reserves the right to edit, add to, and reformat the content of vacation rental listings without notification for technical or production reasons, including but not limited to the following: to fit the template form of the Site listing layout, to improve search engine optimization of the listing content, to insure that the listing provides adequate description of the property advertised in the fields provided, to optimize for changes in technology.

6.9 All content and copy edits submitted by members are subject to review and approval by the Company in its sole discretion. We reserve the right to refuse to publish any content that we determine, in our sole discretion, does not meet the terms of this Agreement or is otherwise unacceptable to us. 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/or photographs or any change made to any content, photograph or copy submitted by any member. Members are responsible for reviewing and ensuring that any content submitted to the Site is displayed as the member intended.

6.10 It is the policy of the Company and this Site that all advertising and any sale or rental pursuant to that advertising appearing on the Site shall comply with the Federal Fair Housing Act, which prohibits any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intent to make such preference, limitation, or discrimination.

Disclaimers

7.1 The Company assumes no responsibility for the accuracy of information contained in the listings herein. As a user of the Site, you are responsible for conducting your own investigation regarding any and all claims made by prospective renters or property owners or agents. You assume all liability for use of any information you find in any Site listing. The Company assumes no responsibility and in no way warrants the accuracy of the information contained in any of the pages published on the Site. Not all Site ads are created directly by the property owners, some Site advertisers may be acting as agents or managers for the owners.

7.2 Content of listings on the Site is not confirmed or warranted by the Company. Confirmation of information published herein is the sole responsibility of the renting party.  Qualification of all renters is the sole responsibility of the property owner or agent.

7.3 Rates and conditions are subject to change without notice.

7.4 The information from or though the Site is provided "As-Is", "As Available", and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. The Company, its officers, employees, and agents, shall have no liability whatsoever for your use of any information or service. The Company is  not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The allocation of risk set forth in this Agreement is a fundamental element of the basis of the bargain between us and you. The Site and the information would not be provided without such limitations. No advice or information whether oral or written, obtained by you from us through this site shall create any warranty, representation or guarantee not expressly stated in this agreement.

7.5 All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or in ability to use the Site.

Applicable Laws & Miscellaneous

8.1 If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Company’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision or a waiver of the right to exercise or enforce such right or provision in the future.  No modification of this Agreement shall be binding upon the Company unless agreed to by the Company in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by the Company. This Agreement may not be assigned in any manner by you without the express, prior written permission of the Company . No third party is intended to be nor shall be construed to be a third-party beneficiary to this Agreement.

8.2 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida notwithstanding any conflict of laws provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal in the County of Osceola, State of Florida (the "Florida Courts") for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the Florida Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the Florida Courts represent the exclusive jurisdiction for all disputes relating to this Agreement.