Terms & Conditions
To assist you in using the Website and associated Services, and to ensure a clear understanding of the relationship
arising from your use of the Website and participation in these Services, we have created (i) these Terms of Use (the
"Terms") and (ii) a Privacy Policy. Our Privacy Policy explains how we treat information you provide to us through the
Site, and our Terms govern your use of our Site and participation in our Services. Our Terms and Privacy Policy apply
to any visitor to the Website (collectively, “you”), including (i) casual visitors to our Site who do not participate in the
Services (“Site Visitors”), and (ii) individuals who register to participate in the Services as either (a) travelers who wish
to find and reserve rental accommodations (“Renter Users”), or (b) property owners or authorized managers who
wish to post properties available for rental (“Owner Users”) (Renter Users and Owner Users are collectively referred
to herein as “Registered Users”). The terms “Cape May Vacation Rentals,” “we” and “us” refer to CapeMayVacationRentals.com.
You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and
CapeMayVacationRentals.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.
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. Capemayvacationrentals.com acts as a venue to allow homeowners and property managers who
advertise on the Site (each, a “member”) to offer for rent in a variety of pricing formats, a specific vacation or short
term rental property to potential renters or renters (each, a “traveler” and, collectively with a member). “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 offer online 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 the content
thereof or any review relating to any 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 prior to making a
booking or purchasing a product or service and may place additional restrictions on your booking, product or service.
Responsibility for applicable laws, rules and regulations: 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 and 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, regulations or other requirements relating to taxes, credit cards, data and privacy, taxes, 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 governmental bodies in relation to investigations, litigation or
administrative proceedings, and we may choose to comply with or disregard such obligation 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.
Warnings of Suspicious Activity: While we do 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 vacation or short term rental 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 any 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
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.
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 of any such violation by contacting us.
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 and/or
compilation, pursuant to 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 for other than for your personal,
noncommercial use (other than in accordance with a valid subscription) is expressly prohibited without prior written
permission from us.
As part of the rental inquiry process, for your own personal, noncommercial use and not for further distribution, you
may download, display, and/or 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 portion(s) of the Site that you desire to download,
display or print.
5. Your E-mail Address and Data; Our Privacy Policy; Data Transmittal.
See Privacy Policy .
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 Capemayvacationrentals.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 Capemayvacationrentals.com ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO
INCUR LIABILITY TO BOTH Capemayvacationrentals.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: (a) Site-related communications that are not unsolicited commercial messages, (b) using
services offered through the Site, and (c) inquiring about or otherwise facilitating a financial transaction between you
and the other user related to the purpose of the Site (such as inquiring about or booking an online booking or
charging a personal credit card). 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 both our consent and 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 vacation property from you or to
you, to your mailing list (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. You are responsible for all content you provide to the Site or through any tool or
service provided on the Site.
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, participation in an interactive community, forum or blog (each an
“Interactive Forum”) or any other content provided by a user to the Site), (collectively, “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 which 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, any other guidelines posted on a Site or if it otherwise violates these
Terms, each as determined in our 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, has/have been apparently breached in respect of such content,
as determined in our consent. Finally, we reserve the right, but do not assume the obligation, 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 on listings
(such as translation services), 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.
Property Listings: All property listings on the Site are the sole responsibility of the member (who may be the owner or
a property manager or duly authorized property manager or agent of the owner) 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, property reviews, guest book
entries, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date
even in the case where prospective travelers have searched for specific special offers, dates, or types of properties.
We may from time to time provide or facilitate services to Members to create or improve the quality of their property
listings. We also may from time to time create new 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 (or contact us to correct) any inaccuracy and travelers are solely responsible for verifying the accuracy of
such content and descriptions.
Responsibility for All Other User Contributed Content: 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 have all 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 generated content without such proof or if such
proof is, in our sole discretion, insufficient.
License and Rights Granted to Us: 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 (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit,
modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) 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 subscription, 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 copyright and protect the user contributed content, including the
images, copy, and content available via any member’s listing, from the unauthorized use 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. You further agree to assist us – at our
expense and control – to protect such copyrighted material from unauthorized redistribution.
You agree that we may sub-license 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.
Further, each member 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 promotion of the Site.
In the event that it is determined that you retain any rights of attribution, integrity or any other moral rights in any user
contributed content, you hereby declare that you do not require that any personally identifying information be used in
connection with the user contributed content or any derivative works thereof and that you have no objection to the
publication, use, modification, deletion or exploitation of the user contributed content by us or our affiliates.
Privacy Policy: We adhere to strong principles of privacy. You agree that we may access and use your user-
contributed content in accordance with these Terms or our Privacy Policy and we agree that we will only disclose your
user-contributed content in accordance with these Terms and our Privacy Policy.
9. Translations and Maps.
If any user contributed content created by members or users is translated for display on any Site or any site of any
affiliate of Capemayvacationrentals.com, we cannot guarantee the accuracy or quality of such translation and the member or
user is solely responsible for the review, verification and accuracy of such translation. Unless we specify otherwise to
the user or member, any translation services are offered by us free of charge.
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.
10. Notification of Infringement; DMCA Policy.
We respect the intellectual property rights of others, and Capemayvacationrentals.com does not permit, condone, or tolerate
the posting of any content on the Site that infringes any person’s copyright. Capemayvacationrentals.com will terminate, in
appropriate circumstances, a member or traveler who is the source of repeat infringements of copyright. Should you
become aware of or suspect any copyright infringement on this Site, please “Contact us” immediately.
11. Unsolicited Ideas and Feedback.
Unsolicited Ideas: 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 (“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.
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, seem similar to any of your
submissions. If you provide any submissions to us, you agree that: (1) your submission and its contents will
automatically become the property of Capemayvacationrentals.com, without any compensation to you; (2)
Capemayvacationrentals.com may use or redistribute any such submission and its contents for any purpose and in any way;
(3) there is no obligation for Capemayvacationrentals.com to review any submission; and (4) there is no obligation to keep
any submission confidential.
Feedback on our Business: 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 “Support” link on our homepage. Please provide
only specific feedback on our websites 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.
12. 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.
13. Limitation of Liability.
IN NO EVENT WILL Capemayvacationrentals.com, OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
CONSULTANTS, AGENTS AND/OR EMPLOYEES OR ANY THIRD PARTY PROVIDER OF A SERVICE OR TOOL
OFFERED ON ANY SITE OF A MEMBER OF Capemayvacationrentals.com (EACH 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/OR (G) ANY ACTUAL OR ATTEMPTED
COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION
(EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVE A COMMISSION OR 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 Capemayvacationrentals.com, 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.
14. Disclaimers.
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 IN 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 (OTHER THAN PURSUANT TO ANY GUARANTEE
THE MAY BE OFFERED ON THE SITE) 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.
15. 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 Capemayvacationrentals.com, 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/OR YOUR USE OF THE SITE.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH MEMBER OF Capemayvacationrentals.com
(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.
16. Additional Terms and Conditions Applicable to Online Booking.
Capemayvacationrentals.com is a vacation rental listing service. We do not provide booking services, All rental transactions
are done by the owner of the listed rental and the individual(s) inquiring about the rental listing. No monies or fees are
paid to Capemayvacationrentals.com other than the owner listing fee.
Rental Agreement. By utilizing a rental agreement as part of the Booking Services or otherwise displaying terns
relating to the rental as part of the online booking process (including such terms that we may require), the user (as
“Guest”) and member (as “Owner”) each agree to the terms and conditions set forth in the rental agreement or other
such terms displayed in the booking (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 (a) you are fully responsible for such terms and conditions, (b) any rental agreement used, whether a
sample provided by the Site or a rental agreement copied and pasted by either party, is used solely at their own risk
and expense, (c) nothing contained in this Agreement, or any sample rental agreement is a substitute for the advice
of an attorney, and (d) 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 their property, rules,
features, etc.
17. Responsibility for Property and Traveler Liability.
We do not provide liability insurance protection for owners, property managers, or travelers. 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 prior to the arrival of their first traveler and will maintain adequate
insurance coverage through the departure date of any traveler they have obtained via one of our Sites. Further,
Members agree to provide us with copies of relevant proof of coverage upon request.
18. GENERAL
Contact Us: To contact us for any reason, users can send an email to customersupport@capemayvacationrentals.com.
Your agreement to abide by these Terms, the Privacy Policy and any other terms posted on any Site, with respect to
any Site you use, is between you and the entity listed above operating such Site.
No Agency: 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.
When we need to send you notice, it will be sent to the email address you provide to the Site during the registration
process or as later updated in your account (if applicable). 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 or electronic address
provided to us during the registration process or as later updated in your account (if applicable). In such case, 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.
Changes to the Site or these Terms and Conditions: 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
prior to such date. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time,
with or without your consent and you acknowledge and agree that your consent to any such amendment is not
required in the event the proposed amendment is clerical and/or non-substantive in nature. 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. If you disagree with any non-clerical and/or substantive amendment to these Terms, then (i)
your sole remedy as a traveler, or any other user other than a member, is to discontinue your use of the Site, and (ii)
your sole remedy as a member is to withhold your consent to the applicability of the proposed amendment to your
use of the Site, in which case your use of the Site will continue to be governed by the terms and conditions that were
applicable to your use of the Site during the then current term of your subscription as the same were in effect
immediately prior to the proposed amendment and you agree that you are responsible for keeping a copy of such
terms. 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/or 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. See also the section below relating to auto renewal
of subscriptions.
Your Record of These Terms: 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 and/or saving a downloaded copy of the Terms on your personal
computer.
Enforcement of These Terms: 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. Any action or inaction by us
in response to any breach of these Terms does not limit our rights with respect to actions we may take in response to
any other similar or different type of breach.
Entire Agreement, Conflict, Headings and Severability: 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.
Assignment: 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.
Additional Terms and Conditions Applicable to Our Members
In addition to being bound by the Terms set forth above, members who purchase subscriptions to advertise a property
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 subscription.
19. Member Eligibility; Accuracy of Information; Representations.
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 “General – Contact Us” regarding any updates to any such contact
information previously submitted by such member to the Site. Each member agrees to promptly provide such proof of
personal identification, proof of ownership of the property listed on the Site, and proof of authority to list the property
as we may request. Each member further represents and covenants that: (i) it owns and/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) that 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) that it will not wrongfully deny access to the listed property; and (v) that it will not
fail to provide a refund when due in accordance with the applicable cancellation policy or underlying rental
agreement. 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/or proof of authority to list the property as we may request. 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.
20. Appearance in Search Results.
We cannot guarantee that your listing will appear in any specific order in search results on a 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, and other factors that we may deem important to the user experience from time to
time. 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
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 in any particular subscription level or at all.
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 sort order may appear different on a mobile device than they appear on the Site. To
optimize the search experience for both members and travelers, Capemayvacationrentals.com retains the right to run
occasional tests that will be limited in duration but may alter how we display search results and subscription levels.
21. 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/or 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 cause the content to comply 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.
22. Photographs.
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 that would violate the privacy rights, intellectual
property rights or any other rights of a third party. Photographs must meet our Content Guidelines. We reserve the
right not to 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) (i) it holds all intellectual property
rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary
for the photograph to be used in an online advertisement, (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
Capemayvacationrentals.com from any cause of action arising from any misrepresentation with respect to any and all
photographs so submitted.
It is the member’s responsibility to obtain reproduction permission for 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.
Further, each member 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 promotion of the Site.
23. Uses of Our Trademarks or Logos.
There are limited ways in which you may use our trademarks or logos without specific prior written authorization. The
following are general guidelines: It is usually permissible for you to refer to Capemayvacationrentals.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 Capemayvacationrentals.com,” or
“I list properties on Capemayvacationrentals.com.” However, you may not refer to Capemayvacationrentals.com or any of our affiliates
in any way that might lead someone to believe that your company or site is sponsored by, affiliated with, or endorsed
by Capemayvacationrentals.com or one of our affiliates. For example, you may not say “Capemayvacationrentals.com sponsors my
vacation rental,” or describe your property as “Capemayvacationrentals.com best vacation rental.” You may not use the
Capemayvacationrentals.com name or one of our affiliates’ names on any other website that lists vacation rentals without our
prior written authorization.
The Capemayvacationrentals.com logo and those of our affiliates are 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-shirts, etc., or if you have other questions, you
may contact us.
24. 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.
25. Substitution of Properties; Advertising More Than One Property; Property Managers.
Each listing must relate to an individual and uniquely identified property, unless (i) you are a property manager who
has signed up for one of our packages for members who are property managers or (ii) you otherwise purchased a
listing package that expressly allows for substitution of properties. This means that:
(a) 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 request forms we may request. The term of the
subscription for any substituted property shall be the same as the 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 with the term of the previously existing listing as compensation for the violation of this condition.
(b) The listing specifically 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 on the same site and additional advertising units 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 with the initial term of such non-
conforming listing as compensation for the violation of this condition.
26. Unauthorized Payment Methods; Subscription Payments; Automatic Renewal of Subscription Payments.
Payments between members and travelers: We are not a party to any payment transaction between members and
travelers, even if we receive a commission in connection with any payment transaction. 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.
Payments for subscriptions: Payment for subscription listings must be made to us in U.S. Dollars paid either by major
credit or debit card or PayPal.
Automatic Renewal of Subscriptions: For any subscription paid for by credit card, 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 (if such other payment form was permitted), such
subscription shall not be automatically renewed. Automatic renewal applies to all subscriptions purchased by credit
card. 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 5 days prior to expiration of the then-current term. Upon any such turning off 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 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 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 credit card 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 of 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 avoid billing of subscription fees for the renewal term to your credit card, you must turn off auto-renewal
for your subscription at least 5 days before it renews.
27. Subscription Term, Refunds and Termination or Transfer of Listings.
Subscription Term: 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 on the last date of the term
chosen by the member. 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.
Refunds: Refunds are made at the sole discretion of Capemayvacationrentals.com and are granted based on a pro-rated rate
from users current subscription level. If you want to start the refund process, you may contact customer support by
sending your request to the address listed under “General – Contact Us” above and include your listing number, and
your reason for dissatisfaction. We will then determine, what amount of refund is due.
Refund Requests for Subscription Listings Not Completed: In the event you purchase a subscription for a listing but
do not complete the creation of the listing or the listing does not get posted after purchase for any other reason,
refund requests will be considered only during the first three (3) months following the purchase date. If within such
three (3) month period you do not complete the creation of your listing as we may require to display such listing on
the Site (i) you shall not be entitled to any refund and (ii) your subscription will expire no more than 15 months from
the purchase date of the subscription regardless of the listing posting date.
If you renew your subscription, or if your subscription automatically renews under its terms of your subscription, your
listing will remain online for the entire subscription period without refund. If you sell your property and no longer wish
for the listing to remain online, please contact us and we can remove the listing and refund you the pro-rated amount.
Our Right to Terminate a Listing: If, in our sole discretion, any member submits unsuitable material to our Site or into
our database, misuses the Site or our online system or is in material breach of these Terms, we reserve the right to
terminate such member’s subscription(s) 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 Capemayvacationrentals.com, we
reserve the right to terminate such member’s listing(s) or subscription(s) immediately without refund. Finally, if any
member is in breach of these Terms or its obligations to us or any of our third party providers then we may terminate
such member’s subscription(s) immediately without notice to the member and without refund.
Transfer of Listing to a Third Party: No listing may be transferred to another party. In the event of a property sale or
change in property management, Capemayvacationrentals.com will provide guidance on options for creating a new listing.
Last updated September 1, 2023