TERMS OF USE AGREEMENT

Welcome to SUNNY NAPLES RENTALS. This Terms of Use Agreement sets forth the standards of use for our website, SUNNY NAPLES RENTALS.com. Our website is referred to herein as “SNR” or “We”. The term “You” refers to the user or member of this website. By using or accessing this website you agree to be bound by these terms and conditions herein. If you do not agree to the terms and conditions of this agreement, you should immediately discontinue use of our website. If there are any violations of this “Terms of Use” agreement, SNR reserves the right to cancel your account and remove any listing and/or material without notice or refund to you.

We reserve the right to modify, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on SUNNY NAPLES RENTALS.com website.

Date: December 2009

This website is a Venue Only

Sunny Naples Rentals is an online business that put you the user of our website in contact with property owners, property managers, members and clients with each other for the purpose of listing or leasing/rentals of vacation property. Sunny Naples Rentals is not a Realtor, Seller, Broker or Property Manager. Sunny Naples Rentals is not a party of any agreement you the user may make with any product or service listed on or through our website. Whatever agreement you the user may make through our website is between you the User and that party only.

Payments

We currently do not charge for use of our website.

1. Disputes

SNR does not get involved in disputes between property owners, renters or any third parties using our website. If a dispute develops between owners, renters, or third parties of our website (Sunny Naples Rentals.com), you hereby release and hold harmless SNR from claims, demands and damages (actual or consequential) connected in any way to such disputes.

2. Account Information

a. You agree to provide true, accurate and complete information to SNR when you use or access our website. If SNR determines that any of the information you supplied is false or misleading we will immediately terminate your account and remove your listing from our web site. You are responsible for any and all information and/or transactions under your account. Your ID and password are your link to your account and must be kept confidential at all times.

b. Once your listing is posted online you are not entitled to a refund or any portion of a refund. Your listing will remain active until the expiration date and at that point you will have the option to renew your listing. One listing is defined as a single residential unit.

c. Any material, photographs or text you send to our website, you grant Sunny Naples Rentals an irrevocable royalty free license for any such material to display on our website. This material includes logos, photographs and text information. You agree that you have the legal right to distribute this material and you are not violating any copyright or trademark laws. You agree that any information supplied by you to SNR is non-confidential and becomes the property of SNR, and we have the right to publish this information, material and/or photographs on our website.

d. You expressly agree that when you use or access our website site it is for personal use only and is not for commercial use.

e. Information we receive from our members is for business operations and administration. We do not supply or display personal information to potential renters or third parties.

3. Modifications and Interruption to Service

You expressly agree and acknowledge that SNR does not guarantee that our service will be continuous, error free or uninterrupted. Operation of our website may be affected by acts of god or circumstances beyond our control.

4. Naples-Links Third-Party Sites

SNR website may have links to third party websites. We have a Naples Links Page and there we have links to third party websites. If you use this links software you agree to be bound by these terms and conditions. We do not allow links to pornographic websites or websites that contain objectionable material. Member or user of our website acknowledges and understands that we are not responsible or liable for the content located on any third-party websites or link to these websites. Your use of those third-party sites or links to it are at your sole risk. You should always investigate these websites/links to determine if their content is suitable to you. We reserve the right to terminate any link posted on our website that violates these conditions.

5. Disclaimer of Warranties

This website is provided by SUNNY NAPLES RENTALS (SNR) “as is” and “as available” without warranty of any kind. SNR makes no representations or warranties, express or implied when you use or access Sunny Naples Rentals.com website or access third party sites through our website. There is no warranty as to the materials contained on our site or the accuracy or truthfulness of the information contained herein. We do not warranty the websites reliability or that it will be free from computer viruses or harmful content. SNR shall have no liability for any interruptions of service for any reason whatsoever and disclaims all warranties with regard to the information provided on SNR, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.

6. Forbidden Activities

a. You agree not to interfere with the operation of our website or interfere with other users of the site;

b. You agree not to reverse engineer this website or attempt to copy the software;

c. You agree not to misrepresent your identity or information you supply to our website;

d. You agree not to up-load any damaging software or harmful content to our website;

e. You agree not to violate any state, federal or international laws when using or accessing our site.

f. You agree not to upload pornographic material of any kind to our website or any type of link to a pornographic website.

7. Limitation of Liability

a. YOU AGREE THAT WHEN YOU ACCESS SUNNY NAPLES RENTALS.COM YOU DO SO AT YOUR SOLE RISK. SUNNY NAPLES RENTALS.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, SUNNY NAPLES RENTALS SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS OR LOSS OF DATA, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF THE USE OR INABILITY TO ACCESS SUNNY NAPLES RENTALS.COM, EVEN IF SUNNY NAPLES RENTALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUNNY NAPLES RENTALS MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED BY USING OUR WEBSITE.

b. SUNNY NAPLES RENTALS DOES NOT WARRANT THAT THIS WEBSITE OR COMPUTER SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. SNR DOES NOT WARRANT THAT ANY DEFECTS IN OUR WEB SITE, COMPUTER SOFTWARE, MATERIALS, OR SERVICES WILL BE CORRECTED.

c. SUNNY NAPLES RENTALS DOES NOT WARRANT THAT THE INFORMATION OR CONTENT SUPPLIED BY OWNERS, RENTERS OR THIRD PARTIES, WILL BE REPRESENTED TRUTHFULLY OR ACCURATELY.

d. IF YOU DO NOT AGREE WITH ANY PORTION OF THIS TERMS OF USE AGREEMENT OR OUR POLICIES YOUR IMMEDIATELY REMEDY IS TO DISCONTINUE ALL USE OF OUR SERVICES.

e. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

8. Indemnification

Member’s or user of this website agrees to indemnify and hold harmless SUNNY NAPLES RENTALS, its affiliates, officers, agents, and employees, from any claim, demand, or cause of action, including attorneys’ fees and costs, damages or expense made by any third party due to using or accessing our website, the violation of this Agreement, or infringement by Member, or other user of our website, using Member’s computer, of any intellectual property or any other right of any person or entity.

9. Disclaimer Regarding Accuracy of Information

SNR makes no representations or warranties as to the reliability, accuracy or truthfulness of any information provided on or through our website by renters/owners or any third parties. It is the owners/renters or third parties who are responsible to validate and confirm any and all information provided on our site. We do not warrant that the rental property will meet your needs or expectations or that it is of the quality stated by the owner or property manager.

10. Fraud

If you suspect you are a victim of fraud or need more information go to Fraud Center You can report any suspicious activity on an online complaint form .

a. Never wire money via Western Union or Money Gram.

b. Never give out your financial information to anyone.

c. Sunny Naples Rentals does not get involved in any money transactions with your property rentals.

d. Scammers often use fake cashiers checks and money orders.

e. We recommend you do not wire money or use online escrow services from people who live out of country. Check on Google search "fake escrow" to learn all the details.

f. If someone offers to send you a money order, then asks you to wire money back to them, THIS IS A SCAM.

g. Wire transfers may be used by legitimate property owners, however, they are susceptible to fraud and cannot be recovered once paid.

h. We do not recommend paying with money orders under any circumstances.

i. Proceed very cautiously if you make an international payment using a wire transfer. These are almost impossible to get back.

Recommended payment methods

Credit or debit card

Pay Pal

Personal check

11. Court’s Jurisdiction

Our website is operated under the laws of the State of Illinois. Illinois laws will govern this Terms of Use Statement. If a disputes arising out of using this website you expressly agree and consent to the internal laws of the State of Illinois and the venue of courts located in Dupage County, Illinois.

12. Compliance with Laws

User is responsible for compliance with any and all laws pertaining to this website. User may not use our website, SUNNY NAPLES RENTALS in any way that is unlawful or violates any state, federal, or international laws. Member further agrees not to transmit any material that is offensive, illegal, and pornographic or material that could give rise to civil liability.

13. Fees

SUNNY NAPLES RENTALS.com reserves the right to change or modify our rates/fees we charge for our service.

14. Legal Proceedings

You expressly agree that if a legal dispute arises out of the use of our website, that this “Terms of Use Agreement” can be entered in court as a binding contract between the user of our website and SUNNY NAPLES RENTALS. If any part of this “Terms of Use Agreement” is unlawful, then the unlawful portion will be deemed unenforceable and the remaining portion of this agreement will remain in effect.

15. Copyrights and Trademark Information

All material and content available on this website, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 SUNNY NAPLES RENTALS Any use of materials in any form must have prior written permission from the copyright agent of SUNNY NAPLES RENTALS.

16. Florida Taxes

Collection of the Tourist Tax

Sunny Naples Rentals is not the owner, operator, or agent of your rental property listed on our website. You the owner are responsible for collecting the taxes from all the tenants who rent for six (6) months or less and for remitting the taxes to the Collier County Tax Collector and the State of Florida. We are not responsible for any taxes related to your property rental. If you have any question reference these taxes go to the Florida Department of Revenue website for additional information. Also Collier County has a 4% tax on rental property and the State of Florida has a 6% tax on rentals. Check both websites to learn how to comply with these laws.

17. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Please forward to SUNNY NAPLES RENTALS notifications of claimed copyright infringement to our copyright agent listed below.

If you believe a copyright infringement has occurred please send the following information to our Copyright Agent, SUNNY NAPLES RENTALS:

a. Provide the location of the alleged copyright material that you believe is a copyright infringement.

b. Provide SNR with the contact information (name, address, telephone number and email address) of the copyright holder or his agent.

c. Provide a signed and sworn statement, made under oath by the holder of the copyright or by his agent who can act of his behalf as to the facts of the copyright infringement.

SUNNY NAPLES RENTALS

Copyright Agent

1016 Buckingham Drive

Naperville, Illinois 60563