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LISTING TERMS OF RENTAL SERVICE

This Listing Terms of Rental Service Agreement ("Agreement") is made between PanamaReferrals® (the "Company") and any person (collectively "you", "your" or "I") who uses any of the services offered on this website (collectively the "Service").

BY CLICKING THE "AGREE" BUTTON OR ACCESSING OR USING ANY PART OF THE SERVICE THAT ALLOWS THE LISTING OF PROPERTIES (THE "SERVICE"), YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE ANY PART OF THE SERVICE TO LIST YOUR PROPERTY.

1. The Service and Registration

  1. Description. The Service is proprietary to Company and is protected by intellectual property laws and international intellectual property treaties. Your access to the Service is licensed and not sold. Company agrees to list your rental property on website, subject to the terms and limitations set forth in this Agreement.
  2. Accessibility. You agree that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iii) causes beyond the control of Company or which are not reasonably foreseeable by Company.

2. Listing Policies

  1. EACH LISTING MUST REPRESENT AN INDIVIDUAL RENTAL. The title, rates and all other information must describe a single property. The images must be of the exterior, interior or taken from the grounds of the property.
  2. The photographs for the rental properties may be changed throughout the duration of the listing.
  3. The property can not be a time-shared.
  4. Use complete sentences for property summaries. You are responsible for proper spelling and the accuracy of the information presented.
  5. DO NOT USE ALL CAP WORDS IN ANY PORTION OF THE LISTING.
  6. Do not enter extremely long strings of characters that may distort the layout of the web site.
  7. The Company reserves the right to edit, suspend, modify or delete any listings.

3. Representations and Warranties

You represent and warrant to Company that: (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement; (b) you shall comply with all terms and conditions of this Agreement; and (c) you are the owner of all Content submitted to the Company and have the power and authority to transfer ownership of such Content pursuant to Section 4 below.

4. Ownership

In exchange for the opportunity to list your property on this website, upon submission of the listing to the Company, you assign your entire right, title and interest in and to the content of the listing, including any and all photographs provided hereunder (collectively, the "Content"), to the Company.

5. Payment

Company shall charge a fixed percentage referral fee each time your property is rented through PanamaReferrals® website. A security deposit shall be secured at time of purchase. Payments are made in their entirety to Company by Renter. Company shall, in turn, provide payment minus referral fee to you within ten (10) days upon completion of stay by renter.

6. Refunds

Renters shall have the opportunity to receive a refund of their payment if such refund is requested at least two weeks prior to their scheduled stay at your rental property.

7. Damages

Company shall not be liable for any damages incurred by renter. A security deposit shall be taken at the time of rental payment. Deposits shall be refunded to renter upon your satisfaction that there have been no damages to your property. In the event that damages were incurred, then entire security deposit (or portion thereof) shall be forwarded to you for compensated damages.

8. Indemnification

You agree to indemnify, hold harmless and defend Company, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to (a) this Agreement; (b) your use of the Service, including any Content submitted by you; and (c) any libelous, slanderous, indecent or other statement concerning any person made or republished by you.

9. Termination

This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until expiration of the period for which you have paid to list your property, unless earlier terminated as set forth below. You may terminate this Agreement at any time and for any reason by sending an e-mail found on the contact page of PanamaReferrals® notifying the Company of your desire to terminate this Agreement.
Company reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Service; (b) suspend your access to or use of all or any portion of the Service; and (c) terminate this Agreement.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. COMPANY MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE.

11. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.

12. Miscellaneous

  1. Law. This Agreement shall be governed by the laws of the State of Florida and the United States without reference to conflicts of laws. You submit to the exclusive jurisdiction of the state and federal courts located in Broward County, Florida.
  2. Amendment. Company shall have the right, at any time, to add to or modify the terms of this Agreement, simply by forwarding such amended terms via e-mail to you. Your continued use of the Service after the date such amended terms are delivered to your account with the Service shall be deemed to constitute acceptance of such amended terms.
  3. Waiver and Severability. No failure, delay in exercising or enforcing any right or remedy hereunder by Company shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed, omitted, and the balance of the Agreement shall remain enforceable.
  4. Survival. The respective rights and obligations of the parties under Sections 3 through 9 shall survive any termination or expiration of this Agreement.


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