Terms & Conditions

OBAVR Terms of Use

General

    1. These Terms of Use constitute a legally binding agreement between You and the OBAVR Company. By using or accessing the Site or the Services, You acknowledge that You agree to and are subject to the Terms of Use and the Privacy Policy. You may not use the Site if You do not agree to the Terms of Use.
    2. You warrant that You will not use the Site unless You are capable of entering into a legally binding contract.
    3. We may update or replace these Terms of Use without prior notice to You and at Our sole discretion at any time by posting a new version to the Site. Your continued access or use of the Site indicates Your acceptance of the current published version of the Terms of Use.
    4. You acknowledge and agree that We are not a party to the Rental Agreement between you and the Owner.
    5. The term SUBMISSIONS, as used in this document, means any property listing information provided by owners and communications and or postings between owners and renters or prospective renters via the Site.
    6. Wherever the term “the OBAVR Company” as used in this document is to mean the “OBAVR Company and its affiliates”.
    7. The term “Traveler” as used in this document is to mean prospective renter or renter. 
  1. The Basics
  1. The Site is a place where Travelers can view information (including images, text, videos, and other content) relating to properties offered for rent (“Properties” and “Property Listings,” as applicable) by Owners. We may also facilitate online bookings and/or other tools or services to allow Owners and Travelers to communicate directly with each other and to enter into rental agreements (“Rental Agreements”) directly with each other.
  2. The Site is a venue only for the purposes of facilitating interactions and rental transactions between Owners and Travelers. The OBAVR Company is not, and does not become, a party to any contractual relationship between the Traveler and the Owner.
  3. You are responsible for, and agree to comply with, all laws, rules, and regulations applicable to Your use of the Site and Services, any transaction You enter into via the Site, or in connection with Your use of the Site. You agree and acknowledge that each Owner is solely responsible for, and agrees to comply with, all laws, rules, and regulations applicable to its Property Listing and rental of its Property, and the conduct of its rental property business, including obtaining all necessary rights, licenses, and authorizations.
  4. The Site includes Property Listings provided by Owners and content from other third parties (the “Third-Party Content”). Such Third-Party Content is the responsibility of the Owners or third-party creators of the Third-Party Content, as applicable. We have no responsibility for the Third-Party Content as We are merely providing access to the Third-Party Content as a service to You and providing You with the means of communicating directly with the Owner to inquire about a Property and make bookings with the Owner for the rental of the Property (a “Booking”). All Bookings You make are made directly with the Owner, and Your Rental Agreement for such Booking will be directly with the Owner. The OBAVR Company is not a party to any Rental Agreement and has no liability to You for the Owner’s provision of the Property. We do not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any information in the Property Listings on the Site or any opinions or other material posted on the Site by third parties.
  5. We do not inspect the Properties listed on the Site or to be able to guarantee that Owners on the Site will adhere to the rules we impose upon them. As such, any given Owner’s use of the Site does not constitute Our endorsement of that Property or that Owner.
  6. Property Listings and Interaction with Owners
    1. You acknowledge and agree that Owners are solely responsible for their Property Listings and for updating them.
    2. Notwithstanding the provision of direct communication tools to Owners and Travelers, the OBAVR Company has no responsibility for, or otherwise any involvement in, the communications between Owners and Travelers.
  7. Rights and obligations of the OBAVR Company
    1. You acknowledge that Owners and not the OBAVR Company are responsible for the accuracy with which photographs and descriptions depict Property Listings on the Site.
    2. We cannot and do not assume any responsibility for the verification of any Owner’s or Traveler’s identity. We encourage Travelers and Owners to communicate directly with each other using the tools available via the Site, though even this does not assure You of the identity of the person with whom You are communicating. We encourage Travelers to take other reasonable measures to assure themselves of the applicable Owner’s identity and of the Property and relevant details or their Booking or proposed Booking.
    3. If You create an account with Us, You agree to (i) keep Your password and online ID for both Your account and any personal email account associated with Your account secure and strictly confidential, and (ii) 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 (iii) notify Us immediately if You are contacted by anyone requesting Your online ID and password. 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/or 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 may be fraudulent or that You did not intend or want performed.
    4. YOU ACKNOWLEDGE AND AGREE THAT: (1) THE OBAVR COMPANY NOR ANY SUBSIDIARY OR AFFILIATE THEREOF WILL HAVE ANY LIABILITY TO ANY OWNER OR TRAVELER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY OWNER OR TRAVELER’S PASSWORD AND/OR ONLINE ID; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE OBAVR COMPANY AND OTHER TRAVELERS. Further, We may, without notice to You, suspend or cancel Your account 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.
    5. The OBAVR Company is not responsible for checking the identity, or for the behavior, of Owners, or for establishing the nature, condition, or existence of a Property. We do not own, inspect, or provide any content to describe the Properties on the Site, and We make no claims as to the quality, safety, or legality of any of such Properties.
  8. Intellectual Property
    1. All copyright, database rights, trademarks, and design rights in the Site and in the material published on it belong to Us, Our licensors, or the Owners. You may download and print material from the Site solely for the purposes of keeping a record of Your Booking and the Property booked. You may not otherwise copy, transmit, modify, republish, save, pass off, or link to any content or material on the Site without Our prior written consent.
    2. Where You submit content to the Site by electronic mail, postings on the Site, or otherwise, including any Property reviews, questions, comments, suggestions, ideas, or the like contained in any submissions (“Submissions”), You warrant that You have the legal right to do so. To the extent that Submissions may contain trademarks or other proprietary names or marks, You warrant that You have the right to use such names or marks.
    3. In accordance with the USA’s Digital Millennium Copyright Act ("DMCA") and other applicable law, We have adopted a policy of terminating, in appropriate circumstances and at Our sole discretion, Owner’s and Travelers’ access to the Site who are deemed to be repeat infringers. We may also at Our sole discretion limit access to the Site and/or terminate the accounts of any Owner’s or Travelers who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

  1. Owner’s and Travelers’ Communication and Submissions
    1. You may only send messages via the Site if they relate to genuine Booking inquiries. The sending of spam or unsolicited electronic communications of any kind is strictly prohibited.
    2. You may post Submissions via the Site. The OBAVR Company does not verify the accuracy of Submissions or of responses to such Submissions.
    3. The OBAVR Company may decline to post any submission (or remove any that have been posted) that We, solely determine, are inappropriate for the Site.
    4. You are fully responsible for the content of Your Submissions (specifically including, but not limited to, rental information). You are prohibited from uploading, posting, transmitting or otherwise publishing to or from the Site any of the following:
      1. Any message, data, information, text, music, sound, photos, graphics, code, or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
      2. User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
      3. User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
      4. User Content that impersonates any person or entity or otherwise misrepresents Your affiliation with a person or entity;
      5. Unsolicited promotions, political campaigning, advertising, or solicitations;
      6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and payment card numbers;
      7. Viruses, corrupted data, or other harmful, disruptive, or destructive files; or
      8. User Content that, in Our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Site, or that may expose Us or Our users to any harm or liability of any type.
  2. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from Your posting of Submissions to the Site. You acknowledge that We and the OBAVR Company may exercise Our respective rights (e.g. use, publish, delete, edit, and modify) to any Submissions You provide to Us without notice to You.
  3. We and the OBAVFR Company take no responsibility and assume no liability for Submissions that You or any third-party post, store, or upload, or for any loss or damage thereto, nor are We liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity You may encounter. As a provider of interactive services, We are not liable for any statements, representations, or other content Our users provide in any public forum. We have no obligation to screen, edit, or monitor any of the content posted to or distributed by users, however, We reserve the right, and have absolute discretion, to remove, screen, or edit without notice any content posted or stored on the Site at any time and for any reason.
  4. If it is determined that You retain moral rights (including rights of attribution or integrity) in the Submissions, You hereby declare that (i) You do not require that any personally identifying information be used in connection with the Submissions, or any derivative works of or upgrades or updates thereto; (ii) You have no objection to the publication, use, modification, deletion, and exploitation of the Submissions by Us or Our licensees, successors, and assigns; (iii) You forever waive and agree not to claim or assert entitlement to any moral rights of an author in any of the Submissions; and (iv) You forever release Us, and Our licensees, successors, and assigns, from any claims that You could otherwise assert against Us by virtue of any such moral rights. 
  5. Indemnification
    1. You agree to defend, indemnify, and hold harmless the OBAVR Company and its Affiliates, and each of their officers, directors, employees, and agents against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought or occasioned by third parties alleging, arising out of, or in connection with: (a) any Submissions; (b) Your use of any Third-Party Content or the Site; (c) Your breach of these Terms of Use or the documents referenced herein; (d) Your violation of any law or the rights of a third party; or (e) Your use of any Property.
    2. Prohibited Activities
      1. You agree that You shall not, either directly or indirectly:
        1. use the Site or its contents for any commercial purpose or any purpose not permitted by these Terms of Use;
        2. make, or use the Site to make, any speculative, false, or fraudulent booking, booking request, or any booking in anticipation of demand;
        3. use the Site or the Services for the purpose of Booking or soliciting a rental for a property other than a Property under a valid Property Listing;
        4. access, monitor, reproduce, upload, republish, distribute, transmit, display, or copy any content or information of this Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without Our express written permission;
        5. violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
        6. take any action that imposes, or may impose, at Our discretion, an unreasonable or disproportionately large load on Our infrastructure, or adversely affects the performance of the Site, or infringes on Our copyright or the copyright of Our suppliers;
        7. deep-link to any portion of the Site (including, without limitation, the purchase path for any travel services) for any purpose without Our express written permission;
        8. "frame", "mirror", or otherwise incorporate any part of the Site into any other website without Our prior written authorization;
        9. take any action that may undermine the feedback or ratings systems, including posting false, inaccurate, or misleading feedback, ratings, and reviews;
        10. sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
        11. post or transmit any false, inaccurate, misleading, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms of Use.
        12. Liability of the OBAVR Company
          1. The Site is merely a venue allowing Owner’s to list properties for rent and Travelers to view Properties that are the subject of Property Listings, to communicate with Owners in respect of any queries or questions, and/or to facilitate the conclusion of a Rental Agreement for the rental of a Property. We accept no liability in relation to any contract You enter into with an Owner or for any Property You book, and nor do We accept any liability for the acts or omissions of any Owners or any other persons or parties connected with a Property. In respect of all Properties, the Traveler’s contract will be with the Owner and the Owner’s terms and conditions (the Rental Agreement) will apply to the Booking.
          2. While We require Owners to advertise Properties truthfully, fairly, and accurately, and We take reasonable steps to remove Property Listings from the Site following complaints from Travelers or another third party, We have no control over the accuracy of any Property Listing or the capacity of any Owner to make a Booking with a Traveler. As such, We disclaim all liability and responsibility for any loss or damage (including personal injury) suffered or incurred by You or another party arising from:
            1. any reliance by any user of the Site, or by any person who may be informed of any of its contents, placed on any Property Listing, commentary and/or other materials posted on the site by Owners, or any error or mistake or inaccuracy contained in any statement, description, representation, or other communication made about or in connection with a Property Listing, including that which relates to availability or price;
            2. any act or omission of an Owner or any failure of an Owner to perform or comply with any of the terms of the Rental Agreement, including a failure to provide the Property on the requested date or at all (whether due to a double-booking or otherwise), or a failure to provide the Property in the condition or with the amenities that such Property was advertised on the Site;
            3. any loss of or damage to personal possessions at a Property; or
            4. any incident or occurrence which takes place at a Property.
  6. We may decide, at Our sole discretion, that it is necessary or desirable for the protection of Our interests, the Owner’s interests, and/or Your interests, to withdraw Our booking facilitation services resulting in an override of Your cancellation policy and the effective cancellation of a Booking. You agree that the OBAVR Company and the applicable Owner shall have no liability for such cancellations or refunds.
  7. Although We will do Our best to prevent intentional misuse of the Site, and/or the dissemination of harmful programs via the Site, We will not be liable for any loss or damage caused by any intentional misuse of the Site (including but not limited to fraud by third parties), or the distribution of viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data, or other proprietary material due to Your use of the Site.
  8. In no event will the OBAVR Company or its Affiliate, or any officers, directors, consultants, agents, and/or employees thereof, or any third-party provider of a tool offered on any Site be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the Site or Our platform or systems, any Third-Party Content or User Content or Submissions, and Your use of the Site and/or any transaction between Owners and Travelers, 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 breach of contract, negligence, or any other cause of action. If You are dissatisfied with the Site (or Our platform or systems), or You do not agree with any part of these Terms of Use, then Your sole and exclusive remedy against Us is to discontinue using the Site. Nothing in these Terms of Use shall exclude or restrict Our liability for death or personal injury resulting from Our negligence; nor for Our fraud or fraudulent misrepresentation.
  9. THE OBAVR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE OBAVR COMPANY AND ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE OBAVR COMPANY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THE SITE, ITS SERVERS, OR ANY EMAIL SENT VIA THE OBAVR COMPANY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE OBAVR COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
  10. THE OWNERS PROVIDING VACATION RENTAL PROPERTY INFORMATION, TRAVEL, OR OTHER SERVICES ON THE SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE OBAVR COMPANY. THE OBAVR COMPANY IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH OWNERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. IN NO EVENT SHALL THE OBAVR COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF, OR USE OF THE SITE, OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON SUBMISSIONS APPEARING ON THE SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF, OR USE OF THE SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE OBAVR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  11. YOU HEREBY AGREE TO RELEASE, REMISE, AND FOREVER DISCHARGE THE OBAVR COMPANY AND ITS AFFILIATES AND 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, LIABLITIES, 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 YOUR USE OF THE SITE.
  12. This does not affect Our liability for any liability that cannot be excluded or limited under applicable law.

  1. Miscellaneous
    1. You further agree that no joint venture, partnership, or employment relationship exists between You and the OBAVR Company as a result of these Terms of Use or use of the Site.
    2. Where the Site contains links to other websites and resources provided by third parties, these links are provided for Your information and convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. It is up to You to take precautions to ensure that whatever links You select or software You download (whether from the Site or other websites) is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
    3. The governing law and jurisdiction applicable to these Terms of Use shall be the State of Alabama. 

Copyright & Legal:

The content and the design of the OBAVR.com website is copyrighted by Beach Stuff, LLC. OBA is a registered trademark of Beach Stuff, LLC and may not be used without piror written concient. 
All rights reserved!