NOTICE TO ALL RENTERS AND ADVERTISERS
You are responsible for conducting your own investigation regarding any and all claims made by prospective renters or vacation property owners or agents. You assume all liability for use of any information you find in any CottagePortal publication. CottagePortal and its operators assume no responsibility and in no way warrant the accuracy of the information contained in any of the pages published here.
None of the information contained in any CottagePortal web page is confirmed or warranted by any party. 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.
Depending on the listing type, different contact information is posted. If making inquires by phone, please kindly mention that you saw the advertisement on CottagePortal. You are under no legal obligation to do so. If you are sending an inquiry via the provided inquiry form, the form will reach the owners via CottagePortal mail service. Following the initial inquiry, all correspondence is done directly between to owner and potential renter(s). CottagePortal is an advertising service, and at no point CottagePortal takes any commission for the rental and shall not be considered a rental agent or licensed rental agency.
Changes In Terms and Conditions
CottagePortal may modify or terminate our services from time to time, for any reason, and without notice or penalty, including the right to terminate this service with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes. The date of last revision is marked below.
November 27, 2005
Contacting Cottage Owners
Depending on the listing type, different contact information is posted. If making inquires by phone, please kindly mention that you saw the advertisement on CottagePortal. You are under no legal obligation to do so. If you are sending an inquiry via the provided inquiry form, the form will reach the owners via CottagePortal mail service. Following the initial inquiry, all correspondence is done directly between to owner and potential renter(s). CottagePortal is an Advertising Service and does not take any commission for the inquiries or rentals and is not acting as a rental agent.
These are dependent on the location of the listing, type of listings, and many factors beyond our control such as weather, current events, etc.
Any commercial use of information available on this site is strictly prohibited without prior written authorization. This includes but is not limited to any form of SPAM, PHISHING activity, or advertising a third party services. We have a “zero tolerance” policy of anyone found to mine contact information (including phones, faxes, emails, or web addresses) of our advertising clients and will persecute such instances to maximum penalty available under law. Any form of SPAM is retained as evidence, and there will be a minimum fine of $50 per each instance of SPAM sent.
It is the goal of CottagePortal to reduce the volume of SPAM delivered via the Rental Inquiries and Inquiry Form. To that end, inquiries may be monitored and filtered by automated software or staff members prior to delivery to Cottage Owners. Inquiries may be read by CottagePortal staff members. Despite CottagePortal filtering efforts, it is likely that some SPAM inquiries (including PHISING attempts) will be delivered anyway. It is also likely that some non-SPAM inquiries may not be delivered or delivered with delay as a result of filtering efforts.
All inquiries, comments, feedback, ideas, suggestions, and other similar submissions (collectively, the “Inquiries and Feedback”) disclosed, submitted or sent to CottagePortal via the site or otherwise to CottagePortal are not confidential and will become and remain the property of CottagePortal.
CottagePortal does not guarantee that the CottagePortal.com web site will be available 100% of the time for any reason, including, but not limited to service outages, hosting service outages, site and server maintenance, insolvency or bankruptcy, hacking attempts, war, terrorism, acts of God or negligence. Neither CottagePortal or its owners can be held liable for any costs beyond the refund policy and at no point shall exceed the annual advertising fee paid by client.
Posting of Content Information
There are specific locations for the inclusion of contact information including web addresses, phone numbers, and email addresses (jointly referred as Contact Information). Contact Information may not be embedded in Contact Name, Title or Description and must reside in the designated area. All other references to specific web addresses, web sites, email addresses or phone numbers are not considered acceptable content and may be removed WITHOUT NOTICE.
Family Safe Content
All content must be "family safe" and "G" rated. Photographs and descriptions posted may not contain vulgarity, or comments related to violence, hate, endangered species, or references of a sexual nature. All such references are not considered acceptable content and may be removed WITHOUT NOTICE and may result in a TERMINATION of advertising without refund. In the case of disputed content, the operators of this site will be the final judge as to the appropriateness of the content. Such content may be retained by operators as evidence disclosed to authorities as required by law. If in doubt if your advertising content is appropriate, please contact us before activating your listing.
The Site contains links to other internet web sites. These links are provided to you as convenient references to help you locate other internet resources that may be of interest to you. CottagePortal has not conducted a detailed review of all of the sites linked to the Site and is not responsible for the contents of any such linked site as such links are developed and operated by third parties independently from CottagePortal. The inclusion of any link on the site does not imply endorsement of the site by CottagePortal. A link to another site should not be construed to imply that the Site is affiliated with or associated with, or is legally authorized to use any trade-mark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites. Use of any such linked web site is at the user's own risk. Site www.InternetSecure.com used for Credit Card processing is exempt from this statement.
Payment is made for advertising in the form of a listing, banner, or other form of advertising. No other services are implied with the advertising fee. At no point CottagePortal guarantees any response to the advertising from potential renters beyond the guarantee stated below.
Our pricing is displayed clearly on our Pricing page. Should there be any discrepancies, such a different price displayed somewhere else on the site, including typos and omissions to update price, the Pricing page is the dictating form.
When paying online, you the exact amount billed to you will be displayed before making payment. If you are paying by cheque, the amount due will be displayed clearly on the invoice issued to you.
We charge applicable GST/HST on all properties and billing addresses located in Canada. Prices quoted do not include taxes unless indicated otherwise. Invoices and Credit Card payments will calculate the applicable tax before payment, and you will be informed of the full amount due before committing any payments.
Our pricing is subject to change without notice. Should such change occur, all current listing in good payment standing, stay in effect until renewal date. The price changes are effective for new listings, trial listings, and listings renewals only.
Payment by Cheque
If you elect the Payment by Cheque option, we will issue you an invoice in printed or electronic form. At our discretion, we may activate your listing prior to receiving payment cheque. The listing will be canceled automatically if payment by cheque is not received before the date due on invoice. All cheques must be made payable to YouRHere Inc, and there is a $10 for bad cheques including NSF, illegibly written cheques and any other reasons your bank may refuse payment.
Payment by Credit Card
All our credit card payments are administered by InternetSecure via a secured online connection. If paying online, CottagePortal does not have access to your full credit card information, and you credit card number is memorized nor stored on file. When your listing is due for renewal, or you need to add another listing, you will need to again provide your credit card number.
If you choose to provide us your credit card via phone, we can process it via InternetSecure. Your credit card number is then destroyed as soon as they payment goes through. Occasionally, we may accept manual entry forms on trade shows and other circumstances where payment in person is applicable. In such cases, the payment authorization form is retained on file for 30 days and then destroyed.
Disclosure of Billing Information to Third Parties
Should you encounter any suspicious payments on your credit card or need clarification for any reason on charges occurred, you must notify CottagePortal, InternetSecure in writing within 30 days of the transaction.
Under no circumstances you should provide your Credit Card information to cottagePortal via email or other forms of open and unsecured communication. Any request to do so must be declined and immediately reported to CottagePortal by forwarding of the original message together with full header information.
Payments in Foreign Funds
All prices are stated in Canadian dollars. If paying by credit card, current exchange rate will be applied by your credit card company. If paying by cheque, we will make the necessary conversion at the time of invoice.
CottagePortal reserves the right to offer promotional discounts on case by case basis to selected customers without notice to all subscribers. Such discounts are offered at the sole discretion of CottagePortal and do not entitle customers to future discounts.
Membership Cancellation and Deactivating a Listing
You can cancel a listing by opting not to extend the listing at the time of renewal. You can cancel or deactivate your active advertising before expiration date at anytime by notifying us via email. A listing that is inactive prior to the listing expiration can be reactivated at no additional cost. Deactivating or suspending of the listing does not extend the expiry and renewal date on the listing and does not entitle you to a refund beyond our Refund Policy.
Any listing which is advertised for sale or which we determine has been sold is subject to immediate cancellation without notice and without refund. Any For Rent listing is subject to cancellation if we were unable to reach the owner for 30 days with contact information provided – that is email, phone, and fax number.
For Rent - 14 days money back on all rental advertisements, just tell us what you do not like about the listing. For Sale – 7 days money back, or you can substitute it with another property for sale within 30 days. Please contact us for all refunds, and we will respond to you promptly. Sorry, due to the fact that the vast majority of the work involved in promoting vacation properties on the Internet occurs in the first few weeks (creating the ad, adding photos, etc.) we are unable to offer refunds beyond this policy.
As with any from of advertising, CottagePortal makes no guarantees as to the number of inquiries an average listing will receive. You can monitor the number of visitors your listing receives, and written inquiries are clearly marked as originating from CottagePortal.
If you have a paid advertising with CottagePortal and do not receive at least 10 written inquiries in the course of your annual advertising, we will offer you the next year for free. This is done at the sole discretion of CottagePortal, and such extension may be performed without notice.
Local Rules an Regulations
Property owners are responsible for investigating and adhering to all local regulations including, but not limited to, permits, licenses, insurance, occupancy taxes, and safety compliance.
Selling a CottagePortal Listing
CottagePortal does NOT endorse or approve of the sale or bartering of the CottagePortal listing unless the property being advertised is also sold to the same party. For Rent listings that are sold with property will remain active until expiration date. It is the responsibility of the selling party to provide access information to the listing.
Please do not offer to sell or purchase a CottagePortal listing without transferring the property at the same time. Occasionally, CottagePortal listings may appear for sale in other online trading publications, such as eBay – in such cases please verify that CottagePortal is the seller of such listing.
Warning to potential purchasers and sellers of CottagePortal listings (we're talking about the sale of the listing, not the sale of the property - you can of course offer to sell your property): Since a property owner can create a new listing of their own at anytime, CottagePortal does NOT endorse or approve of the sale or bartering of the CottagePortal listing unless the property being advertised is also sold to the same party. Any listing which is advertised for sale or which we determine has been sold is subject to immediate cancellation without notice and without refund. Please do not offer to sell or purchase a CottagePortal listing without transferring the property at the same time.
RESERVED RIGHTS AND GRANT OF LIMITED USE LICENCE
(1) Copyright © 2003-2005 CottagePortal All rights reserved.
(2) The Site contains information, software, communications, text, graphics, advertising, photos and other material and services (collectively, the “Information”) which are protected by various domestic and international intellectual property laws, including but not limited to copyright and trade-mark law, and other proprietary rights, which rights exist in the Information currently on the Site and which rights will continue to exist in all Information developed or posted on the Site in future.
(3) Permission is granted to use (display or print) short extracts of the Information on the Site for personal use only. This is the grant of a limited license, not a transfer of title, and under this limited license you may not:
(a) modify, copy, reproduce, republish or re-disseminate the Information;
(b) use the Information for any commercial purpose (save and except for buying and/or renting the products or services posted for sale on the Site) or for any public display (commercial or non-commercial);
(c) attempt to decompile or reverse engineer any software contained on the Site;
(d) post or transmit any information which contains a virus or other harmful or disruptive component or use the Site in any manner which is contrary to law; and
(e) transfer the Information to another person or "mirror" the Information on any other server.
(f) attempt to extract information from this site (both manually and electronically)
(4) This license shall automatically terminate if you violate any of these restrictions and may be terminated by CottagePortal at any time.
Copyright ©, YouRHere Inc. All rights reserved. CottagePortal intends property advertisements, information and data available at this web site are only for private, non-commercial use. Any commercial use of the information or data, in whole or in part, directly or indirectly, and any reproduction in electronic form or otherwise, is specifically forbidden, except with the prior written authority of CottagePortal.
CottagePortal™ is a trademark or a registered trademark of YouRHere Inc. The trademarks, including CottagePortal™, are displayed on this web site and nothing contained on this web site gives any user the right or license to use any trade mark displayed on this web site without the express permission of the owner of the trade mark. All other trademarks belong to their respective owners.
The information on the Site is provided on an “as is, as available” basis. By using the Site, you agree and understand that CottagePortal does not warrant or make any representations whatsoever concerning the accuracy, likely results, or reliability of the Information on the Site or otherwise relating to such Information or on any other sites linked to the Site. CottagePortal HAS NO CONTROL OVER THE ACCURACY OR RELIABILITY OF THE INFORMATION PROVIDED BY COTTAGE OWNERS ON THE SITE. PLEASE USE CAUTION AND COMMON SENSE WHEN USING THE SITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CottagePortal OR ITS PARTNERS, AFFILIATES OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DAMAGES (INCLUDING ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE.
REVISIONS AND ERRORS
Although CottagePortal uses reasonable efforts to include material which is accurate and current, the Information appearing on the Site could include outdated information or technical, typographical or photographic errors. CottagePortal does not warrant or guarantee the quality, accuracy, completeness or timeliness of the Information provided. CottagePortal may make changes to the Information contained on the Site at any time without notice but CottagePortal does not, however, make any commitment to update the Information nor is CottagePortal obligated to update the Information.
If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines or practices of CottagePortal, your sole and exclusive remedy is to discontinue using the Site.
COMPLIANCE WITH LOCAL LAWS
You acknowledge that you have accessed the Site voluntarily and that you alone are responsible for ensuring compliance with local laws.
The information and services offered on this website are provided with the understanding that neither YouRHere Inc. owner of CottagePortal, nor its users are engaged in rendering legal or other professional services or advice. CottagePortal is an Advertising Site only.
THIRD PARTY RESOLUTION
CottagePortal is committed to resolving disputes quickly and efficiently. In the event that a dispute cannot be settled through our normal internal processes, CottagePortal is committed to using an independent third party dispute resolution process and you agree to by bound by such process.