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ParadiseTerra’s Terms and Conditions of Use

 By using or accessing ParadiseTerra.com (the “Website”), you agree to and are subject to the following terms and conditions (the “Terms”) with ParadiseTerra.  Before you use this Website, you must read and accept all of the terms in, and linked to this Website.   If you do not fully agree to these terms, you may not access or otherwise use the Website.  By accepting the terms, you agree that the Terms and Conditions, Website Disclaimer, Privacy Policy, Member Login, Rental Inquiry Guarantee, and Content Guidelines will apply whenever you use this Website or the services of ParadiseTerra.  ParadiseTerra may from time to time revise or modify these terms by updating postings and you are bound by such revisions and modifications.

1. PARADISETERRA IS NOT A PARTY TO ANY RENTAL TRANSACTION.

 This Website allows individuals to offer to rent property (“Member” or “Members”); and individuals to locate rental property and rent such property (“Traveler” or “Travelers”), collectively known as “Users”.  ParadiseTerra does not own any of the rental property listed on the Website.  ParadiseTerra is not involved in the actual transaction between the Member and Traveler although we provide communication methods, such as email communication, addresses and telephone numbers, which enable the Traveler to enter into a transaction to rent a specific property directly from the Member.  As a result, the quality, safety, description, or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof of any property), the ability of the parties to rent vacation property or the ability of the Traveler to pay for vacation rental properties are solely the responsibility of each party.

2. ParadiseTerra does charge a fee to the Member to advertise their vacation rental properties on the Website. ParadiseTerra does not charge Travelers or others to access the Website and view the listings. Members grant and assert that they have the right to grant ParadiseTerra a non-exclusive, perpetual, irrevocable, royal-free right to exercise any and all copyright, trademark, publicity rights you have in the content, known now or in the future.

3. You may not use this Website for any unlawful purpose or for any purpose prohibited by the terms. ParadiseTerra grants Users a limited, revocable, non-exclusive license to access the Website to advertise properties truthfully, accurately and legitimately; research advertised properties; and to make non-fraudulent, truthful, legitimate and accurate inquiries or reservations regarding said advertised properties in accordance with these terms. You may not sell, offer to sell, transfer or license this use to any party.  You may not use this Website for any purpose that is unlawful, prohibited by these terms, or that infringes on the rights of ParadiseTerra.  ParadiseTerra has the right to review all entries for advertised property, inquiries and other communication on the Website. ParadiseTerra reviews the materials submitted to the Website once every 24 hours to monitor correct usage of the Website by its members and compliance of its content requirements on the listings.

Should violations to the terms become known to us, we will require members to remove this information immediately. If Users do not respond within 24 hours, ParadiseTerra will take immediate action, which may include termination of the membership with all listings without notification or refund.  Once your listing is removed, you may no longer advertise on ParadiseTerra nor keep any other listings open.

4. All text, graphics, logos, photographs, artwork, trademarks, sounds, maps (collectively the “Content”) is owned by ParadiseTerra. The Content and the Website is protected by copyright and trademark laws. The Content is only for your personal use.  You may download or print the Content for your own personal use.  You may not reproduce (using any device including, but not limited to, use of a frame or border environment around the Website, or other framing technique to enclose any portion or aspect of the Website), post, republish, modify, transmit, upload, or distribute any Content unless expressly permitted by ParadiseTerra.

5. When using ParadiseTerra.com you MAY NOT do any of the following without our EXPRESS written consent, unless otherwise provided within these Terms:

  • Post or transmit or communicate (electronically or verbally) any unlawful, threatening, discriminatory, abusive, obscene, vulgar, indecent, racially offensive, inflammatory, sexual, sexually explicit, pornographic or profane material or any material that violates any law or for any other purpose that is unlawful or prohibited by these Terms or spirit of our policies;
  • Post or transmit false, inaccurate, defamatory, libelous or misleading material, information or content;
  • Take any action that interferes with the performance, use or function of the Website, in any way;
  • Post, upload, distribute or transmit any viruses, devices, software, Trojan horses, worms, time bombs, or other technologies or routines that may damage, interfere, harm, or attempt to interfere with, or intercept ParadiseTerra’s Website, the working of the Website, any transaction being conducted on the Website, or any other person’s use of the Website;
  • Distribute, post, upload, or transmit any post spam, bulk or unsolicited electronic communications, chain letters or pyramid schemes;
  • Add any User to a mailing list without their express written consent;
  • Transfer your membership and/or user ID to another party without our express consent;
  • Take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure;
  • Take any action that infringes on the intellectual property rights of third parties or of ParadiseTerra;
  • Take any action to attempt to gain unauthorized access to the Website or any systems connected to the Website;
  • Disguise the origin of any information, including but not limited to postings and reservations, or inquiry transmitted through the Website;
  • Post any listing unless you are the owner or an owner’s agent of the property to be listed;
  • Use this Website or the contact information on the property listing for any other purpose than for rental or potential rental of a property listing;
  • Use lewd, profane, indecent, obscene words or language; make anonymous or repeated calls; or make threats to injure a person, property, family or household;
  • Use this Website if you are under the age of 18;
  • Use the Website for any illegal purpose;
  • Use any data mining, robots, spiders or similar data gathering and extraction tools without our express written consent; or
  • Collect, copy, duplicate, reproduce, sell or trade any portion of the Website.
  • To report any violations of the above terms please contact customerservice@paradiseterra.com.

6. ParadiseTerra may, at any time, suspend or discontinue any aspect of the Website; limit features or services of the Website; or restrict or deny your access to parts of, or the entire Website without notice or liability. We reserve the right to cancel unconfirmed users or users that have been inactive for a period of more than 6 months. We may at any time terminate our service and membership, remove content, and prohibit access to our site, if you are causing problems or violating our terms or spirit of our policies.

7. You authorize ParadiseTerra to add your email address to our database of users. You further authorize ParadiseTerra, any of their affiliates, or any third party they may contract with, to use your email address for promotional purposes. If you do not wish to receive such promotional emails you may opt-out by going to the My Account section of your Member Page on our Website and check the opt-out box at the bottom of the page to suspend receiving further communications, or you may opt-out by clicking the opt-out box at the bottom of the promotional email you received.  When a Member opts-out the Member receives an email confirmation that they have been removed from receiving further communications. If you have any problems please contact customer service vial email at customerservice@paradiseterra.com. Please review our Privacy Policy for more information regarding our information collection practices and safeguards. Your use of ParadiseTerra’s Website signifies your acknowledgment of and agreement with our Privacy Policy.

8. ParadiseTerra is not a party to any rental transaction. Users should inform themselves about all federal, state and local laws, where applicable, including but not limited to tenancy law. Such laws may include hotel fees, taxes, laws governing tenants, evictions of tenants, city zoning, business permits, etc.

We do not verify or confirm the purported identity of each User.  We suggest that you communicate with the other party, via the information provided by each party on our Website.

You agree to select and keep your password and Member login secure and strictly confidential.  You agree that you will not divulge or share your password or user name with anyone.   You agree that the unauthorized use of your user name and password may cause you to incur liability.  You shall notify us immediately if you believe your password and user name may have become known to an unauthorized person and you may not apply for a new user name or password until you have received communication from us.  Please be aware that if you authorize a person to access or use your account that you are solely responsible and liable for ANY and ALL transactions that that person performs while using your account, including and not limited to fraudulent, unauthorized, or illegal transactions.

PARADISETERRA SHALL NOT HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED USE OF THEIR USER NAME OR PASSWORD.  ParadiseTerra reserves the right to suspend or cancel your Membership at any time, without notice from or to you, if we suspect that your password and/or user name is being used in an unauthorized or fraudulent manner.

9. ParadiseTerra grants Users a limited, revocable, non-exclusive license to the personal information of other users to facilitate and/or complete a rental transaction. You agree that any personal information is considered confidential. You shall not divulge, share, or communicate such personal information to any third party. You are not to use any personal information for any other purpose without the express written permission of the owner of said personal information. You agree that you shall protect said personal information and that you assume any and all liability for the misuse, loss, or transfer of said personal information.

10. You may not use the “Email This Item to a Friend” service or other email services (such as customerservice@paradiseterra.com and contactus@paradiseterra.com) that we may offer to send spam or otherwise send content that would violate these terms.

11. ParadiseTerra assumes no liability and takes no responsibility for the information submitted or posted on the Website. You are fully responsible for the content of your submission and listing and solely liable for any damages or harm resulting thereof. We have no duty to pre-screen content posted on the Website by users. We reserve the right to remove or decline to permit the listing of any submission on the Website that in our sole discretion, violates the terms, the spirit of our policy, or does not meet our requirements.

Member(s) submit listing regarding the properties on the Website and as such are exclusively and solely responsibility for the content of such listings.  The Member(s) are solely responsible for accurately and truthfully, submitting and updating the property information on the Website, including, but not limited to its description, amenities, location, contact information, and its availability.  ParadiseTerra does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of the property, or any other information contained in the posting/listing.  Members are solely responsible for ensuring the accuracy of any property descriptions.

12. YOU WILL NOT HOLD PARADISETERRA, INC., DBA PARADISETERRA.COM, ITS AFFLIATES, OFFICERS, DIRECTORS, OR EMPLOYEES OR AGENTS (collectively “PARADISETERRA”), LIABLE FOR ANY USERS’ CONTENT, ACTIONS, OR INACTIONS. PARADISETERRA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF THE INFORMATION PUBLISHED ON THE WEBSITE. THE PROPERTIES AND/OR INFORMATION ON THIS WEBSITE MAY INCLUDE INACCURICIES, OR ERRORS, INCLUDING PRICE, DESCRIPTION OF PROPERTY, AMENITIES, AND OTHER INFORMATION RELATED TO THE PROPERTY POSTED/LISTED ON THE SITE, INCLUDING BUT NOT LIMITED TO PHOTOS, LOCATION, CONDITION OF AND GENERAL PROPERTY DESCRIPTION.  SAID INFORMATION IS PROVIDED SOLELY BY THE OWNERS. PARADISETERRA IS NOT INVOLVED IN THE RENTAL TRANSACTION AND DOES NOT GUARANTEE THE ACCURACY OR INACCURACY, QUALITY, SAFETY, OR LEGALITY OF THE PROPERTY SUBMITTED.

YOU SHALL NOT HOLD PARADISETERRA LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO THE PROPERTY, RENTAL OF THE PROPERTY, OR POSTING/LISTING OF THE PROPERTY, ETC.  PARADISETERRA IS NOT A PARTY TO ANY RENTAL TRANSACTION.  USERS SHOULD INFORM THEMSELVES ABOUT ALL FEDERAL, STATE AND LOCAL LAWS, WHERE APPLICABLE, INCLUDING BUT NOT LIMITED TO TENANCY LAW.  SUCH LAWS MAY INCLUDE HOTEL FEES, TAXES, LAWS GOVERNING TENANTS, EVICTIONS OF TENANTS, CITY ZONING, BUSINESS PERMITS, ETC.  THE USERS, OWNERS AND RENTORS ARE NOT EMPLOYEES OF PARADISETERRA.  PARADISETERRA IS NOT LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON OR RESULTING FROM OUR WEBSITE, THESE TERMS, YOUR USE OF THE WEBSITE AND/OR ANY TRANSACTION BETWEEN USERS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.  THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE BY OWNER, RENTOR, OR USER OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR OTHER DAMAGE, OR 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 WEBSITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANOTHER USER OR THE WEBSITE WITH RESPECT TO THESE TERMS OR THE WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE WEBSITE  IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF PARADISETERRA, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF, OR IN CONNECTION WITH, THE WEBSITE WILL IN NO WAY EXCEED THE GREATER OF (1) THE AMOUNT OF FEES YOU PAY TO US IN THE SIX MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR THE RENTAL REVENUE PAID BY YOU, OR (2) $100.00 USD.

13YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS, PARADISETERRA AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE YOUR USE OF THE WEBSITE OR RENTAL SERVICES OR RELATIONSHIP/COMMUNICATION WITH OTHER USERS FOR ANY REASON. PARADISETERRA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND FOR THE WEBSITE, MATERIALS OR CONTENT THEREIN. YOU AGREE TO USE THE WEBSITE AND SERVICES AT YOUR OWN RISK.

WE DO NOT WARRANT THAT THE WEBSITE WILL MEET YOU NEEDS, ACHIEVE THE INTENDED PURPOSE OR IS FIT FOR A PARTICULAR PURPOSE; THAT THE WEBSITE, OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERUPTED, TIMELY, SECURE, ERROR OR VIRUS FREE; OR THAT DEFECTS WILL BE CORRECTED.

 14. ANY COMMUNICATION, TRANSMISSION OR MATERIALS YOU SEND TO OR RECEIVE FROM THE WEBSITE, INCLUDING SUBMISSIONS, POSTINGS, QUESTIONS, COMMENTS, ETC. ARE NON CONFIDENTIAL AND NON PROPRIETARY. YOU ACKNOWLEDGE THAT THERE IS NO FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP CREATED BETWEEN YOU AND PARADISETERRA OTHER THAN WHAT IS INDICATED IN THESE TERMS.

 15. IF YOU HAVE A DISPUTE WITH ANOTHER USER OR USERS, YOU SHALL RELEASE AND DISCHARGE PARADISETERRA, ITS AFFLIATES, OFFICERS, DIRECTORS, AND EMPLOYEES AND AGENTS FROM ALL CLAIMS, DEMANDS, DAMAGES (INCLUDING ATTORNEYS FEES AND COSTS) OF EVERY KIND KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY MANNER CONNECTED TO SUCH DISPUTE.

 16. THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF FLORIDA AS THEY APPLY TO AGREEMENTS ENTERED INTO AND PERFORMED IN THE STATE OF FLORIDAY BY FLORIDIANS. YOU AGREE THAT ANY DISPUTE, YOU MAY HAVE WITH PARADISETERRA SHALL BE RESOLVED EXCLUSIVELY IN THE COUNTY OF MIAMI-DADE FLORIDA, WHICH SHALL BE THE VENUE OF ANY LEGAL DISPUTE.

ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

 17. ARBITRATION

 AGREEMENT TO ARBITRATE.  EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, ALL DISPUTES AND CLAIMS RELATING TO THIS AGREEMENT, THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO, OR ANY CLAIMS OR CAUSES OF ACTION RELATING TO THE PERFORMANCE OF EITHER PARTY WILL BE SETTLED BY ARBITRATION BY THE AMERICAN ARBITRATION ASSOCIATION IN MIAMI-DADE COUNTY, FLORIDA IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT AND ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION.  THE PREVAILING PARTY IN ANY SUCH ACTION SHALL BE ENTITLED TO RECOVER ITS REASONABLE ATTORNEY’S FEES.  THE COSTS OF THE ARBITRATION PROCEEDINGS WILL BE BORNE BY THE LOSING PARTY.  THE FOLLOWING WILL SUPPLEMENT AND, IN THE EVENT OF A CONFLICT, WILL GOVERN ANY ARBITRATION PURSUANT THERETO:

SELECTION OF ARBITRATOR.  THE PARTIES WILL SELECT ONE ARBITRATOR FROM THE PANEL PROVIDED BY THE AMERICAN ARBITRATION ASSOCIATION AND THE ARBITRATOR WILL REFER TO THE LAWS OF FLORIDA FOR INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT.

JUDGMENT UPON THE AWARD. JUDGMENT UPON THE AWARD OF THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

18. NOTIFICATION OF CLAIMS OF INFRINGEMENT

 If you believe that a listing in ParadiseTerra.com infringes on your copyright trademark or other intellectual property, or your intellectual property rights have been otherwise violated, please notify our agent for claims at: customerservice@paradiseterra.com Please include the following in your notice: (a) identify with specific detail the material on the Website that you claim is infringing on the date; (b) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (c) a statement by you declaring under penalty of perjury that (i) the above information in your notice is accurate and truthful, and (ii) you are the owner of the copyright interest involved or that you are the authorized agent of the owner; (d) your physical address, telephone number and email address; and (e) your physical or electronic signature. We will thereafter investigate the claim and remove the allegedly infringing content, subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

The relationship between you and ParadiseTerra is that of an independent contractor.  Neither ParadiseTerra nor any of its affiliates, directors, officers, employees and/or agents will be held, intended, created or construed to be partners, joint venturers, agents, or employees of you by these Terms, or other terms on the Website, or your use of the Website.

19. CONTACTING CUSTOMER SERVICE

 All notices, demands, consents, requests, approvals, and other communications required or permitted hereunder shall be in writing and shall be deemed to have been properly given if hand delivered, emailed (effective 24-hours from time email was sent, unless notification is received by the sending party that the email address is invalid, or if mailed (effective five (5) days after mailing or, if refused, upon date of refusal) by United States registered, or certified mail, with postage prepaid, return receipt requested, or if sent by a nationally recognized private courier postage prepaid, return receipt requested (effective upon receipt or, if refused, upon the date of refusal) to the parties at the following addresses:

Customerservice@paradiseterra.com

ParadiseTerra.com

Attn: Customer Service

7855 NW 12th Street #211

Miami, Florida 33126-1819

or, your address or email that you provided during the registration process of the Website.

20. We may amend the terms, in whole or in part, at any time. Notification of any amendment to the terms shall be posted on our Website and will be effective 24 hours after posting. Your use of the Website following the posting of the amendments to these terms and effective 24 hours time period shall constitute your acceptance thereof.

21. 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.

22. These Terms and Conditions, Website Disclaimer, Privacy Policy, Member Login, Rental Inquiry Guarantee and Content Guidelines constitute the sole and entire agreement and understanding of the parties hereto with respect to the subject matter hereof and all prior discussions, negotiations, commitments, understandings and agreements relating thereto are hereby superseded except as specifically set forth herein. No representations, whether written or oral, express or implied, other than those contained herein have been made by any party hereto.

If any term, covenant or condition of the terms or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of the terms, or the application of such terms, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

Our failure exercise or enforce any provision of the terms shall not constitute a waiver of any such right or provision.

23. MEMBER QUALIFICATION

 ParadiseTerra may be used by current Members who have agreed to the Terms and Conditions and are of legal age to enter into a binding contract. The subscription period to advertise a listing on ParadiseTerra.com indicated on the Membership Plans page.  ADD LINK.  Members may select monthly or yearly subscription periods.  A legal entity may register as a Member with the understanding that the person who registers the legal entity has the authority to legally bind said entity.

As a Member of ParadiseTerra you agree to provide accurate and truthful information when using the Website.  Each Member certifies that the information is true, correct, and current, when providing any and all information and descriptions posted on the listing. Any revisions and changes to the information on the listing must be posted within 24 hours of discovery of said change.

ParadiseTerra may, from time to time, request proof of ownership of property and/or proof of authority to act on behalf of owner and/or legal entity.

24. CONTENT AND DESIGN

ParadiseTerra, at its sole discretion, and without notice, may change and revise the design, layout, and content of the Website.

ParadiseTerra holds the right to remove and/or edit any image or text provided by a Member that does not comply with our Content Guidelines or terms and conditions. Members agree that all information provided on the listing is subject to review and may be edited and/or removed by ParadiseTerra at its sole discretion.

Notwithstanding, ParadiseTerra’s right to edit the Content and other information on the Website, ParadiseTerra shall not assume any liability for any loss or damage resulting from any changes made to design, text position, layout, Content, listing and/or photographs provided by Member or edited by ParadiseTerra.

25. PHOTOGRAPHS

 ParadiseTerra provides the service of photo scanning for Members who are unable to digitally upload their photographs to the Website.  Members may mail the hard copy photograph(s) to ParadiseTerra’s offices in Miami, Florida. Please be aware that ParadiseTerra will not return said photograph(s) to Members. Said photograph(s) will be destroyed after they are scanned and uploaded by ParadiseTerra. Members should not send their original hard copy of photograph(s).

ParadiseTerra will attempt to reproduce the image on the photograph(s) as best they can. However ParadiseTerra assumes no responsibility, liability, or damage for any loss in fidelity resulting from defective original hard copy photograph(s) or from scanning of said photograph(s).

By providing photographs to ParadiseTerra, the Member agrees and certifies that they have all legal rights to use and reproduce each image; that each image is a truthful and correct reproduction of the property identified on the listing; that any person depicted in the photograph has authorized the use of their image and/or likeness; and that the Member will indemnify ParadiseTerra from any liability and any legal action arising from the submission of, and use of, the photograph. If Member is not the lawful owner, then the Member is responsible for obtaining from rightful owner, authorization to grant ParadiseTerrra said right.

26. USE OF CONTENT COPYRIGHT

 ParadiseTerra grants to Users a limited, revocable, non-exclusive license to access the Website to advertise properties truthfully, accurately and legitimately; research advertised properties; and to make non-fraudulent, truthful, legitimate and accurate inquiries or reservations regarding said advertised properties in accordance with these Terms.  You may not sell, offer to sell, transfer or license this use to any party.  You may not use this Website for any purpose that is unlawful, prohibited by these terms, that infringes on the rights of ParadiseTerra. ParadiseTerra has the right to review all entries for advertised property, inquiries and other communication on the Website.

By using this Website to advertise your property, you grant ParadiseTerra and assert that you have the right to grant ParadiseTerra a perpetual, nonexclusive, transferable, royalty-free right and license to use, copy, display, distribute, and duplicate any part of, or the complete submission of the listing, or its likeness.

ParadiseTerra has the right to reproduce and reuse images provided by its Members, within the Website itself or for any advertising/promotional use of the website.

By submitting a photograph (digitally uploaded or hardcopy mailed) to ParadiseTerra, a Member certifies that he is the owner of the copyright of the image.  If a Member is not the rightful owner, the Member is responsible for obtaining from rightful owner authorization to grant ParadiseTerra the right. Member shall indemnify ParadiseTerra for any and all damages resulting from or alleged infringement of copyright of said photograph(s) or images.

27. LINKS TO OTHER WEBSITES

ParadiseTerra does not allow website links, or website addresses of other websites or pages, screenshots, etc., posted on any listing or on the feedback section.  ParadiseTerra at its sole discretion shall remove such links, website addresses, pages, screenshots, etc., without notice to Users.

28. USER FEEDBACK

 All feedback comments provided must be written by a Traveler who has used ParadiseTerra.com and who has in fact traveled to and rented the property advertised on the listing. Any feedback made verbally to the Member will not be posted on the feedback section of the property listing.

All Travelers agree to the Content Guidelines regarding comments on their stay in the property advertised on the listing. Only one comment shall be submitted for each reservation stay at the property. Only the Traveler that has made the reservation can post the comment. Only one comment shall be accepted.

29. IMAGES AND TEXT

Only Members can submit photographs for each listing. Travelers may not upload any photographs/images of their stay. Travelers are permitted to provide written comments and reviews regarding their stay at the Traveler Feedback section.

30. NO SUBSTITUTION OF PROPERTIES

Only one property can be advertised on a ParadiseTerra listing at a time. You cannot change, nor substitute, said property identified in the listing. Each listing must define a property with a specific unit and address of its physical location. If a Member is advertising a property within an apartment complex or a duplex, the listing must be an individual space number, i.e. physical unit.

31. ADVERTISE ONLY ONE PROPERTY PER LISTING

A listing is defined as an individual property advertised on the Website by a Member.

Each listing must identify one specific property or unit, as the case may be. You may not list a group of apartment buildings, nor duplexes. Timeshares MAY NOT be advertised on ParadiseTerra.

Each listing is identified by an alphanumerical number which ParadiseTerra assigns once the listing has been submitted by the Member AND payment has been received by ParadiseTerra.

32. SERVICES AND ACCEPTED FORMS OF PAYMENT

ParadiseTerra provides a venue for Members and Travelers to establish a rental relationship. ParadiseTerra offers this service either monthly or yearly, as indicated in the Membership Plan page.  ADD LINK

ParadiseTerra will accept the following forms of payment for membership:  PayPal, major credit cards and debit cards.

33. PAYMENT FOR RENTALS

Payments for reserving property(s) identified on the listing(s) are made between Traveler and Member.  ParadiseTerra suggests guidelines that the parties should follow. ParadiseTerra does not oversee the transaction or rental relationship.

ParadiseTerra recommends that the Traveler pay the Member in a form of payment that provides a transaction history or record of payment. A Member may require Traveler to make a deposit or pay in full to reserve the property.

It is important to note that when a Member receives a deposit, it is the Member’s responsibility to notify and send confirmation to the Traveler within 24 hours of receiving the funds.  It is also the Member’s responsibility to update the listing availability calendar on the Website.

If Traveler does not receive confirmation from Member within 24 hours of payment/deposit, Traveler may contact ParadiseTerra at customerservice@paradiseterra.com to assist Traveler in communicating with Member. Paradise Terra will respond to traveler within 24 to 48 hours of receipt of notice. ParadiseTerra in no way guarantees refund of any monies paid by Traveler to Member or confirmation of the reservation.

34. TERMINATION OF LISTING

Each listing is advertised for the monthly period subscribed by the Member.  If a Member is dissatisfied with the initial listing for any reason during the first 30 days of service, upon request by the Member, ParadiseTerra will cancel the listing and send a refund to Member for the membership fee, less 10% service fee.

Refunds requests are available for first time Members only.  No refunds are available on subsequent listings or renewing memberships.  Members, who wish to request a refund, should send a request via email to customerservice@paradiseterra.com and explain the reason for the refund request within the first 30 days of membership. Once a Member has terminated their membership and obtained a refund, they cannot become a Member in the future.

35. PARADISETERRA “Rental Inquiry Guarantee”

ParadiseTerra offers the “Rental Inquiry Guarantee”.

This guarantee is free to all current Members and is ONLY VALID during the first year of membership.  ParadiseTerra guarantees that the rental property identified in the listing will receive at least ONE inquiry via email or telephone from potential Travelers within (12) twelve months of purchasing the yearly plan, or a total of twelve consecutive months of the monthly plan.  ADD LINK for plans.  The Member’s plan must be current, no outstanding balances, no past due or late payment; OR the guarantee is null and void.   See below for all terms and conditions.

An “Inquiry” or “Inquiries” is/are defined as email or telephonic communication by a Traveler to the Member to request information on the property identified in the listing.

ParadiseTerra will reimburse Members their plan fee, less a service fee of 10%, if a Member does not obtain an Inquiry or rental transaction on the property listing advertised with ParadiseTerra.com, within (12) twelve months of purchasing the yearly plan, or a total of twelve consecutive months of the monthly plans.  Again, the Member’s plan must be current, no outstanding balances, no past due or late payment; OR the guarantee is null and void.

If a Member has more than one plan, the Rental Inquiry Guarantee shall apply only to the first plan purchased.  If a Member has more than one property listed on the plan, then the Rental Guarantee shall only apply if NONE of the properties received an inquiry.

The “Rental Inquiry Guarantee” is subject to the terms and conditions listed below.

To request a refund, Members must contact and notify ParadiseTerra via email at customerservice@paradiseterra.com at least 15 days prior to the expiration of the yearly plan or 15 days prior to expiration of the 12th consecutive month of monthly plan.  In the email, Members must include the listing number, the date the plan was purchased, and a statement under penalty of perjury that they have not received at least 1 Inquiry, either via telephone or email, or a reservation on said property listing within the 12 months of purchasing the plan.
The guarantee applies to the property listed with ParadiseTerra.

ParadiseTerra shall review the request and if validated, the guarantee shall be paid 30 days after plan period has expired, to the legal owner identified in the Member registration section of the profile. A property manager can submit a refund request on behalf of the legal owner; however said refund shall be paid directly to the legal owner. The refund will be issued back to the account or credit card on file on the Member’s profile.

If for any reason there is no credit card on file or active credit card, then a refund check shall be mailed to the legal owner of the property at the mailing address identified on the registration section of the Member’s profile.

1. QUALIFICATIONS

Paradise Terra “Rental Inquiry Guarantee” is offered to new Members only.

To qualify for the “Rental Inquiry Guarantee,” Members must meet the following additional criteria:

  • The calendar dates available for rentals must be updated at least once per month during the annual membership plan.
  • The property listing must have a total of 10 different, clear and current photographs of the property, posted throughout the 12 month period.
  • The property must be advertised for rent for a minimum period of 6 months during 12 consecutive months the property is advertised, otherwise the guarantee does not apply.
  • The “Rental Inquiry Guarantee” is not available if the property is sold during the term.
  • Rental fees must be displayed on the Listing Fee Table a minimum period of 6 months. Table must show rates for High season and Low season, depending on their seasonal world location. See rental listing for procedures.
  • Listing information must be 100% complete in all fields and categories as indicated in the Content Guidelines.

 > RESTRICTIONS AND LIMITATIONS

Be advised that there are further restrictions as mentioned below in order to obtain a refund:

After submitting a claim under the “Rental Inquiry Guarantee” the Member will not be able to advertise the property (ies) identified on said listing with ParadiseTerra again.

There is a limit of one refund per Member. No other refunds will be granted for other listings.

> VERIFICATIONS OF REQUEST FOR REFUND

Please be aware that ParadiseTerra may require the Member to submit additional information to process their claim.

The Member that submits the claim refund under the Rental Inquiry Guarantee shall be prevented from advertising the property identified on the claim in the future on the Website.

Every refund request shall be verified by our Customer Service team, who at their sole discretion, may cease to process any claim that is fraudulent or appears to be fraudulent. Once a claim is verified, Members can expect a refund to be issued within 30 days of the claim verification.

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