Terms of Service & Use – Elliott Realty, Inc.
OWNER AGREEMENT
Introduction
Thank you for visiting a site within the Elliott Realty Network. This website is owned and operated by Elliott Realty, Inc. (hereafter referred to as “Elliott Realty”). By visiting this website and accessing the information, resources, services, products, and tools that Elliott Realty provides, Owner understands and hereby agrees to accept and adhere to the following terms and conditions as stated in this Policy (hereafter referred to as “Owner Agreement”), along with the terms and conditions as stated in Elliott Realty’s Privacy Policy and Elliott Realty’s Exclusive Rental Agreement.
For more information regarding Elliott Realty’s Privacy Policy, please visit the privacy policy page on this website.
Elliott Realty reserves the right to change, alter, and/or edit this Owner Agreement from time to time without notice to Owner. Elliott Realty will periodically inform Owner of updates, and Owner’s continued use of the Elliott Realty Website after such modification(s) shall constitute acknowledgment and agreement of the modified Owner Agreement.
Notwithstanding the foregoing terms and conditions as to the rental of the Property, Owner and Elliott Realty understand and agree that Owner shall be actively involved in the Rental Process.
This Owner Agreement is intended to address Owner’s access to and use of Elliott Realty’s Services and Resources and is not intended to replace or supersede the Exclusive Rental Agreement between Owner and Elliott Realty. In the event that this Owner Agreement contradicts the enforceable Exclusive Rental Agreement between Owner and Elliott Realty, the Exclusive Rental Agreement shall supersede.
Definitions
Agreement – Includes this Owner Agreement, and its subsequent modifications, unless expressly stated otherwise.
Elliott Realty – Elliott Realty, Inc. is a duly formed and authorized corporation organized under the laws of the State of South Carolina. “Elliott Realty” may be referred to throughout this Agreement as “We” and in the possessive “Our.” Elliott Realty is a Rental Management Company engaged in the listing and renting of properties on behalf of Owners.
Elliott Realty Network – Refers to the collection of both independent and interconnected websites, applications, and online services owned and operated by Elliott Realty, Inc. This includes, but is not limited to, any domains, subdomains, and affiliated online platforms maintained by Elliott Realty, Inc. The term “Network” encompasses the entirety of digital properties and online resources under the control and management of Elliott Realty, Inc. See also the definition above for “Elliott Realty.”
Elliott Realty Content or Owner Content – Everything that is displayed on this Site including Owner-provided information (e.g., photographs, commentary, ratings, pricing, and identifying information) as well as unseen content such as computer code and metadata.
Exclusive Rental Agreement – The Agreement between Elliott Realty, Inc. and Owner, and its subsequent modifications, unless expressly stated otherwise. This Agreement establishes the duties of Elliott Realty, Inc. as an Agent of Owner and the obligations that Owner owes to Elliott Realty, Inc. This Agreement is a binding contract between Owner and Elliott Realty, Inc. and shall supersede any conflicting terms found within this Owner Agreement.
Owner – The property owner as established by an active and enforceable Exclusive Rental Agreement. Owner may include an individual, an entity, or a combination of individual(s) and/or entities. “Owner” may alternatively be referred to throughout this Agreement as “You” or “User” and in the possessive as “Your” or “User’s.”
Owner Portal – A password protected internet portal available to Owners following completion of the Registration Process and signing of an Exclusive Rental Agreement with Elliott Realty. The Owner Portal, which can be found at https://elliottownerportal.com/, allows Owner to access information such as booking calendars, reservations-to-date, work orders, payment and financial statements, and general information articles related to vacation rentals. The Owner Portal may also be provided to Owner via a smartphone-based application.
Property – Rental properties including standalone or adjoined units, houses, and other real properties.
Registration Process – Process by which a prospective property owner becomes an Owner and subsequent User of the information, resources, services, products, and tools provided by Elliott Realty.
Rental Process – Includes the entirety of the booking, renting, and payment processes associated with the Property offered by Elliott Realty on behalf of Owner.
Services or Resources – Site accessibility, advertising, listing, photographic display, search features, price comparison, and interactivity including telephonic and/or real-time web assistance.
Submissions – Content including, but not limited to, comments and photographs submitted or posted by Owner or prospective renters on this Site.
User – The individual, company, or other legal entity accessing or using the Services provided by Elliott Realty, Inc. User may include a registered Owner, a prospective renter, and any individual that accesses or uses the Services provided by Elliott Realty.
Website or Site – Refers to one of the web addresses owned and/or operated by Elliott Realty, Inc.
All terms not defined within this Section entitled “Definitions” shall be interpreted in accordance with their plain, ordinary meaning unless expressly stated otherwise. All terms used within this document bearing capitalization shall be interpreted as defined terms.
Responsible Use and Conduct
By visiting Elliott Realty’s Website and accessing the information, resources, services, products, Owner Portal, and tools provided by Elliott Realty, either directly or indirectly (hereafter referred to as “Resources”), Owner agrees to use these Resources only for the purposes intended as permitted by: (a) the terms of this Owner Agreement; (b) the terms of the Exclusive Rental Agreement; and (c) applicable laws, regulations, and generally accepted online practices and/or guidelines.
Wherein, Owner understands that:
a) In order to access Elliott Realty’s Resources, Owner may be required to provide certain information about Owner and/or its Affiliates, including, but not limited to, identification, contact details, and rental documentation, as part of the Registration Process, or as part of Owner’s continuing ability to use the Resources. Owner further agrees that any information Owner provides shall be accurate, correct, and current;
b) Owner is responsible for maintaining the confidentiality of any login information associated with any account Owner uses to access Elliott Realty’s Resources, which includes, but is not limited to, Owner Portal. Accordingly, Owner is responsible for all activities that occur under or through Owner’s account(s);
c) Accessing, including attempting to access, any of Elliott Realty’s Resources by any means other than through the means provided by Elliott Realty, is strictly prohibited. Owner specifically agrees not to access, including attempting to access, any of Elliott Realty’s Resources through any automated, unethical, or unconventional means;
d) Engaging in any activity that disrupts or interferes with Elliott Realty’s Resources, including the servers and/or networks to which Elliott Realty’s Resources are located or connected, is strictly prohibited;
e) Attempting to copy, duplicate, reproduce, sell, trade, or resell Elliott Realty’s Resources is strictly prohibited;
f) Owner is solely responsible for any consequences, losses, and/or damages that Elliott Realty may directly or indirectly incur or suffer due to any unauthorized activities conducted by Owner, as explained above, and Owner may incur criminal or civil liability in the event of any unauthorized activities conducted by Owner;
g) Elliott Realty may provide various open communication tools on Elliott Realty’s Website, including, but not limited to, blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, and various social media services. Owner understands that Elliott Realty does not pre-screen or monitor the content posted by Users of these various communication tools. As such, if Owner chooses to use these tools to submit any type of content to Elliott Realty’s Website, Owner assumes any and all personal responsibility for use of these tools, and Owner shall use such tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, Owner agrees that it will not upload, post, share, or otherwise distribute any content that:
1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
3. Contains any type of unauthorized or unsolicited advertising; and
4. Impersonates any person or entity, including any Elliott Realty employees and/or representatives.
h) Elliott Realty retains the right, at its sole discretion, to remove any content that, in Elliott Realty’s judgment, does not comply with this Owner Agreement and/or Owner’s Exclusive Rental Agreement. Additionally, Elliott Realty retains the right, at its sole discretion, to remove any content that Elliott Realty determines is offensive, harmful, objectionable, inaccurate, or violates any third party’s proprietary rights, including, but not limited to, copyrights, trademarks, and patents. Elliott Realty is not responsible for any delay or failure in removing such content. If Owner posts content that Elliott Realty chooses to remove, Owner hereby consents to such removal and consents to waive any claim against Elliott Realty that may arise due to such removal;
i) Elliott Realty does not assume any liability for any content posted by Owner or any other third party Users of Elliott Realty’s Website. However, any content posted by Owner using any open communication tools on Elliott Realty’s Website, provided that it does not violate or infringe on any third party’s proprietary rights, becomes the property of Elliott Realty, and as such, gives Elliott Realty a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display, and/or distribute as Elliott Realty deems appropriate. By virtue of posting Owner’s trademarks, service marks, and/or trade names, the respective owners of such intellectual property therefore grant Elliott Realty a royalty-free license to use such names and marks on this Website, other websites owned by Elliott Realty and its Affiliates, and to promote the related properties therewith. This limitation shall only apply to content posted via open communication tools as described herein and does not refer to personal information that is provided as part of the Registration Process or that is necessary to use Elliott Realty’s Resources. All information provided as part of Elliott Realty’s Registration Process is covered by Elliott Realty’s Privacy Policy and all information necessary to use Elliott Realty’s Owner Portal is covered by Elliott Realty’s Exclusive Rental Agreement;
j) Owner hereby agrees to indemnify and hold harmless Elliott Realty and its Affiliates, including, but not limited to, Elliott Realty’s directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Owner Agreement or the failure to fulfill any obligations relating to Owner’s account(s) incurred by Owner or any other person using Owner’s account(s). Elliott Realty reserves the right to take over the exclusive defense of any claim for which Elliott Realty is entitled to indemnification under this Owner Agreement. In such an event, Owner shall provide Elliott Realty with such cooperation as is reasonably requested;
k) Owner’s use of this Site and the Resources found at this Site, including any content that Owner may submit, shall comply with this Owner Agreement, the Owner’s Exclusive Rental Agreement with Elliott Realty, and all applicable local, state, national, and international laws, rules, and regulations;
l) Owner shall not collect or harvest, or permit anyone else to collect or harvest, any Owner Content or any non-public or personally identifiable information about another Owner or any other person or entity without their express prior written consent;
m) Owner shall not use this Site, its Services, or its Resources in any manner, as determined by Elliott Realty, that:
1. Is illegal or promotes or encourages illegal activity;
2. Promotes, encourages, or engages in child pornography or the exploitation of children;
3. Promotes, encourages, or engages in terrorism, violence against people, animals, or property;
4. Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
5. Infringes on the intellectual property rights of another Owner or any other person or entity;
6. Violates the privacy or publicity rights of another Owner or any other person or entity, or breaches any duty of confidentiality that the Owner may owe to another Owner or any other person or entity;
7. Interferes with the operation of this Site or the Services found at this Site;
8. Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or are capable of, disrupting, damaging, or limiting the functionality of any software or hardware; or
9. Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Elliott Realty or Elliott Realty’s Services.
n) Owner shall not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by Elliott Realty;
o) Owner shall not modify or alter any part of this Site or the Services found at this Site or any of its related technologies;
p) Owner shall not access Elliott Realty Content, Owner Content, or the Owner Portal through any technology or means other than through this Site itself, or as Elliott Realty may designate, such as by means of a smartphone-based application;
q) Owner agrees to back-up all of Owner Content for future access and use. Elliott Realty does not warrant that it backs-up any Owner Content, Account(s), or Owner Portals, and Owner agrees to accept, as a risk, the loss of any and all of such Owner Content;
r) Owner shall not re-sell or provide any services for a commercial purpose, including any of Elliott Realty’s related technologies, without Elliott Realty’s express prior written consent;
s) Owner agrees to provide government-issued photo identification and/or government- issued business identification as required for verification of identity when requested by Elliott Realty; and
t) Owner warrants that it is aware that Elliott Realty may from time to time call or otherwise contact Owner about Owner’s Account(s), and that, for the purposes of any and all such communications, Owner releases all reasonable expectations of privacy during such communications. Owner hereby consents to allow Elliott Realty, in its sole discretion, to record the entirety of such communications, regardless of whether Elliott Realty asks Owner on any particular communication for consent to record such call. Owner further acknowledges and agrees that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Elliott Realty is a party. Elliott Realty reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including, without limitation, prices and fees for the same, at any time.
Owner & Renter Contact Information
Owner represents and warrants that contact information for guests that Owner enters into the Website through Elliott Realty’s Service(s) or other automated processes, which may include providing contact information of guests directly to Elliott Realty via the Owner Referral Process, shall be the valid contact information of renter / guest.
Responsibilities as Owner
Owner acknowledges that:
a) Owner shall be responsible for, agree to abide by, and adhere to all laws, rules, and regulations applicable to the advertisement of Owner’s Property;
b) Elliott Realty is a Rental Management Company; and
c) Elliott Realty may license third party websites to advertise the Property in order to maximize the visitors to Owner’s Property.
Accuracy of Property Listings
Owner expressly releases Elliott Realty from any liabilities or obligations that may arise from any misrepresentations, omissions, and/or misstatements in the listing of Owner’s Property.
Property Listing Content License
Owner hereby grants Elliott Realty, its Affiliates, and its Licensees the following:
a) A nonexclusive, royalty-free, right to use, reproduce, translate, distribute, publish, and publicly display such Owner and Property content throughout the world in any media, now known or hereafter devised;
b) The right to use the name/mark that Owner submits in connection with such content, if Owner desires; and
c) Owner agrees that Elliott Realty may reproduce, in whole or in part, any photographic material supplied by Owner in the promotion of Owner’s Property and/or the promotion of this Website.
Other Rights in Content
Owner understands that content submitted to Elliott Realty, its Website, its Affiliates, and its Licensees shall be considered non-confidential, unless expressly stated otherwise, and Elliott Realty, its Affiliates, and Licensees shall be under no obligation to treat such content as proprietary information. Without limiting the foregoing, Elliott Realty, its Affiliates, and its Licensees reserve the right to use the content as Elliott Realty deems appropriate, including, without limitation, rejecting or refusing to post the content on Elliott Realty’s Website or any other site(s) owned and/or operated by Elliott Realty.
Elliott Realty, its Affiliates, and its Licensees are under no obligation to offer Owner any payment for content. Elliott Realty, its Affiliates, and its Licensees have no duty to attribute authorship of content to Owner and shall not be obligated to enforce any form of attribution by third parties.
Disabling Property Listings
Owner understands that it may request to disable any listing of Owner’s Property. Such request must be made in accordance with the terms set forth in Owner’s Exclusive Rental Agreement.
Prohibited Activities
Owner agrees not to post, disseminate, or otherwise approve any Content related to its Property that:
a) Violates the Fair Housing Act by stating a discriminatory preference based on race, color, national origin, religion, sex, familial status, or handicap, or violates any state or local law prohibiting discrimination on the basis of these or other characteristics;
b) Is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
c) Infringes any patent, trademark, trade secret, copyright, or other proprietary right of any third party, or that Owner does not have a right to make available under any law, contractual, or fiduciary relationship;
d) Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
e) Employs misleading email addresses, or forged headers or otherwise manipulated identifiers, to disguise the origin of content transmitted through Website.
Reviews
Owner hereby agrees to allow Elliott Realty to send review requests on Owner’s behalf to guests of Owner’s Property based on the contact information provided by Owner. Elliott Realty shall also have the right to retain this contact information, including the guests’ names and email addresses, for recordkeeping purposes.
Property Owner’s Responsibilities
As a Property Owner, Owner is bound by a responsibility and requirement under the law not to discriminate in the rental of property on the basis of race, color, religion, sex, handicap, familial status, or national origin.
Agents in a rental transaction are prohibited by law from discriminating on the basis of race, color, religion, sex, handicap, familial status, or national origin. Agents are prohibited from complying with a request from the Owner to act in a discriminatory manner in the lease or rental of Owner’s Property. Moreover, Owner is prohibited from establishing discriminatory terms and/or conditions in the purchase or rental, deny that Property is available, or advertise that the Property is available only to persons of a certain race, color, religion, sex, handicap, familial status, or national origin.
Elliott Realty as a Rental Management Company
Elliott Realty acts, in part, as a Rental Management Company to advertise Properties on its Website and its Affiliate websites on behalf of Owners and offers for rent specific vacation rental properties to potential renters.
Owner acknowledges and agrees that Owner is required to enter into a separate agreement, known as an Exclusive Rental Agreement, with Elliott Realty prior to having Owner’s Property listed on this Website and other Affiliate websites owned and/or operated by Elliott Realty.
Limitation of Warranties
By using Elliott Realty’s Website and Services, Owner understands and agrees that all Resources provided by Elliott Realty are “as is” and “as available.” This means that Elliott Realty does not represent or warrant to Owner that:
a) The use of Elliott Realty’s Resources will meet Owner’s needs or requirements;
b) The use of Elliott Realty’s Resources will be uninterrupted, timely, secure, or free from errors;
c) The information obtained by using Elliott Realty’s Resources will be accurate or reliable; and
d) Any defects in the operation or functionality of any Resources provided by Elliott Realty will be repaired or corrected.
Furthermore, Owner understands and agrees that:
a) Any content downloaded or otherwise obtained through the use of Elliott Realty’s Resources is done at Owner’s own discretion and risk, and that Owner is solely responsible for any damage to Owner’s computer or other devices for any loss of data that may result from the download of such content; and
b) No information or advice, whether expressed, implied, oral, or written, obtained by Owner from Elliott Realty or through any Resources provided by Elliott Realty will create any warranty, guarantee, or condition of any kind, except for those expressly outlined in this Owner Agreement and Owner’s Exclusive Rental Agreement.
Availability of Services
Subject to the terms and conditions of this Owner Agreement and Elliott Realty’s other policies and procedures, which include the Exclusive Rental Agreement, Elliott Realty agrees to use commercially reasonable efforts to attempt to provide this Site and the Services available at this Site on a twenty-four hours per day, seven days per week basis throughout the term of this Owner Agreement.
Owner acknowledges and agrees that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions, periodic maintenance, repairs, or replacements that Elliott Realty undertakes, causes beyond Elliott Realty’s reasonable control, or instances that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion, or other failures.
Owner acknowledges and agrees that Elliott Realty has no control over the availability of this Site and/or its Services available at this Site on a continuous or uninterrupted basis, and that Elliott Realty assumes no liability to Owner or any other party with regard thereto.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, Owner expressly understands and agrees that any claim against Elliott Realty, its Affiliates, and/or its Licensees will be limited to the amount Owner paid, if any, for use of Elliott Realty’s Products and/or Services.
Elliott Realty will not be liable for any direct, indirect, incidental, consequential, or exemplary loss or damages which may be incurred by Owner as a result of using Elliott Realty’s Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Privacy
Owner’s privacy is very important to Elliott Realty, which is why Elliott Realty has created a separate Privacy Policy to explain in detail how Elliott Realty collects, manages, processes, secures, and stores Owner’s private information. Elliott Realty’s Privacy Policy is included under the scope of this Owner Agreement.
To read Elliott Realty’s Privacy Policy in its entirety, please visit the privacy policy page on this website. Owner’s privacy is also limited by Owner’s submissions and links to third party sites.
Integration and Arbitration
To the extent that any term herein is unenforceable under any federal, state, or other applicable law, those terms are excluded, ignored, or stricken, and the remaining terms herein remain in full force and effect.
Owner agrees that the parties shall negotiate in good faith to resolve any dispute with Elliott Realty, and if the dispute cannot be resolved within a reasonable time, the complaining party understands and agrees that the dispute is SUBJECT TO ARBITRATION PURSUANT TO SC CODE OF LAWS, SECTION 15-48-10 ET SEQ. Should ARBITRATION prove unsuccessful, the parties understand and agree that South Carolina law applies without regard to conflict of law principles, and the dispute must be brought in a South Carolina court of competent jurisdiction.
Last Updated on: December 05, 2023
USER AGREEMENT
Introduction
Thank you for visiting a site within the Elliott Realty Network. This Website is owned and operated by Elliott Realty, Inc. (hereafter referred to as “Elliott Realty”). By visiting this Website and accessing the information, resources, services, products, and tools that Elliott Realty provides, User understands and hereby agrees to accept and adhere to the following terms and conditions as stated in this Policy (hereafter referred to as “User Agreement”), along with the terms and conditions as stated in Elliott Realty’s Privacy Policy.
For more information regarding Elliott Realty’s Privacy Policy, please visit please visit the privacy policy page on this website.
Elliott Realty reserves the right to change, alter, and/or edit this User Agreement from time to time without notice to User. User acknowledges and agrees that it is User’s responsibility to review this User Agreement periodically to become familiar with any modifications. User’s continued use of the Elliott Realty Website after such modification(s) shall constitute acknowledgment and agreement of the modified User Agreement.
Definitions
Agreement – Includes this User Agreement, and its subsequent modifications, unless expressly stated otherwise.
Elliott Realty – Elliott Realty, Inc. is a duly formed and authorized corporation organized under the laws of the State of South Carolina. “Elliott Realty” may be referred to throughout this Agreement as “We” and in the possessive “Our.” Elliott Realty is a Rental Management Company engaged in the listing and renting of properties on behalf of Owners.
Elliott Realty Network – Refers to the collection of both independent and interconnected websites, applications, and online services owned and operated by Elliott Realty, Inc. This includes, but is not limited to, any domains, subdomains, and affiliated online platforms maintained by Elliott Realty, Inc. The term “Network” encompasses the entirety of digital properties and online resources under the control and management of Elliott Realty, Inc. See also the definition above for “Elliott Realty.”
Elliott Realty Content or Owner Content – Everything that is displayed on this Site including Owner-provided information (e.g., photographs, commentary, ratings, pricing and identifying information) as well as unseen content such as computer code and metadata.
Owner – The property owner as established by an active and enforceable Exclusive Rental Agreement. Owner may include an individual, an entity, or a combination of individual(s) and/or entities.
Property – Rental properties including standalone or adjoined units, houses, and other real properties.
Registration Process – Process by which a prospective property owner becomes an Owner and subsequent User of the information, resources, services, products, and tools provided by Elliott Realty.
Rental Process – Includes the entirety of the booking, renting, and payment processes associated with the Property offered by Elliott Realty on behalf of Owner.
Services or Resources – Site accessibility, advertising, listing, photographic display, search features, price comparison, and interactivity including telephonic and/or real-time web assistance.
Submissions – Content including, but not limited to, comments and photographs submitted or posted by Owner or prospective Renters on this Site.
User – The individual, company, or other legal entity accessing or using the Services provided by Elliott Realty, Inc. User may include a registered Owner, a prospective renter, and any individual that access or uses the Services provided by Elliott Realty.
Website or Site – Refers to one of the web addresses owned and/or operated by Elliott Realty, Inc.
All terms not defined within this Section entitled “Definitions” shall be interpreted in accordance with their plain, ordinary meaning unless expressly stated otherwise. All terms used within this document bearing capitalization shall be interpreted as defined terms.
Rules and Restrictions
Separate terms and conditions shall apply to User’s reservation and booking of vacation rental Properties and travel-related goods and services selected by User. Please read these separate terms and conditions carefully.
User agrees to abide by the terms and conditions of purchase imposed by Elliott Realty, including, but not limited to, payment of all amounts when due and compliance with the Elliott Realty’s rules and restrictions regarding availability and use of Products and/or Services.
User acknowledges that Elliott Realty may require User to sign a rental agreement and/or liability waiver prior to participating in the Service and/or activity offered.
Travel Destinations
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Elliott Realty urges Users, which may include prospective travelers, passengers, and Renters, to review travel prohibitions, warnings, announcements, and advisories issued by local and state governments in addition to the United States Government prior to booking travel to domestic and international destinations.
Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at the following links:
a) https://www.state.gov/;
b) https://www.tsa.gov;
c) https://www.dot.gov;
d) https://www.faa.gov;
e) https://www.cdc.gov;
f) https://www.treas.gov; and
g) https://www.cbp.gov
BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, ELLIOTT REALTY, INC. DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS ADVISABLE OR WITHOUT RISK, AND ELLIOTT REALTY, INC. IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
IN ANY EVENT, ALL CONFIRMED RESERVATIONS MADE BY USER ARE BOUND BY ELLIOTT REALTY’S CANCELLATION POLICY AS OUTLINED IN USER’S SEPARATE RENTAL AGREEMENT.
Equal Housing Opportunity
Owners and Elliott Realty are subject to the Federal Fair Housing Act, which prohibits the following:
Any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make such preference, limitation or discrimination.
Elliott Realty supports Equal Housing Opportunity, and Elliott Realty encourages Users of Elliott Realty’s Site to follow appropriate guidelines to comply with the Federal Fair Housing Act as well as any and all applicable state and local regulations.
Rights of Users
As someone seeking to rent a home, condo, apartment, or other real property, User has the right to expect that Property will be available to User without discrimination or other limitations based on race, color, religion, sex, handicap, familial status, or national origin. This includes, but is not limited to, the following:
a) The right to expect equal professional service;
b) The opportunity to consider a broad range of Property choices;
c) No discriminatory limitations on communities or locations of Properties;
d) No discrimination in the pricing or financing of Properties;
e) Reasonable accommodations in rules, practices, and procedures for persons with disabilities; and
f) To be free from harassment or intimidation for exercising User’s fair housing rights.
Suspected Discrimination
Elliott Realty does not tolerate discriminatory advertisements or practices. However, some content on this Site may be created by third parties and/or contain hyperlinks to websites operated by parties other than Elliott Realty. To help ensure that any potentially discriminatory content is removed from this Site, please contact Elliott Realty if you suspect discrimination in any of this content. User may also contact the U.S. Department of Housing and Urban Development with concerns and/or inquiries.
Elliott Realty as a Rental Management Company
Elliott Realty acts, in part, as a Rental Management Company to advertise Properties on its Website and its Affiliate Websites on behalf of Owners and offers for rent specific vacation rental Properties to potential Renters.
Owner acknowledges and agrees that Owner is required to enter into a separate agreement, known as an Exclusive Rental Agreement, with Elliott Realty prior to having Owner’s Property listed on this Website or other Affiliate Websites owned and/or operated by Elliott Realty.
Limitation of Warranties
By using Elliott Realty’s Website and Services, User understands and agrees that all Resources provided by Elliott Realty are “as is” and “as available.” This means that Elliott Realty does not represent or warrant to User that:
a) The use of Elliott Realty’s Resources will meet User’s needs or requirements;
b) The use of Elliott Realty’s Resources will be uninterrupted, timely, secure, or free from errors;
c) The information obtained by using Elliott Realty’s Resources will be accurate or reliable; and
d) Any defects in the operation or functionality of any Resources provided by Elliott Realty will be repaired or corrected.
Furthermore, User understands and agrees that:
a) Any content downloaded or otherwise obtained through the use of Elliott Realty’s Resources is done at User’s own discretion and risk, and that User is solely responsible for any damage to User’s computer or other devices for any loss of data that may result from the download of such content; and
b) No information or advice, whether expressed, implied, oral, or written, obtained by User from Elliott Realty or through any Resources provided by Elliott Realty will create any warranty, guarantee, or condition of any kind, except for those expressly outlined in this User Agreement.
Availability of Services
Subject to the terms and conditions of this User Agreement and Elliott Realty’s other policies and procedures, Elliott Realty agrees to use commercially reasonable efforts to attempt to provide this Site and the Services available at this Site on a twenty-four hours per day, seven days per week basis throughout the term of this User Agreement.
User acknowledges and agrees that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions, periodic maintenance, repairs, or replacements that Elliott Realty undertakes, causes beyond Elliott Realty’s reasonable control, or instances that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion, or other failures.
User acknowledges and agrees that Elliott Realty has no control over the availability of this Site and/or its Services available at this Site on a continuous or uninterrupted basis, and that Elliott Realty assumes no liability to User or any other party with regard thereto.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, User expressly understands and agrees that any claim against Elliott Realty, its Affiliates, and its Licensees will be limited to the amount User paid, if any, for use of Elliott Realty’s Products and/or Services.
Elliott Realty will not be liable for any direct, indirect, incidental, consequential, or exemplary loss or damages which may be incurred by User as a result of using Elliott Realty’s Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Privacy
User’s privacy is very important to Elliott Realty, which is why Elliott Realty has created a separate Privacy Policy to explain in detail how Elliott Realty collects, manages, processes, secures, and stores User’s private information. Elliott Realty’s Privacy Policy is included under the scope of this User Agreement.
To read Elliott Realty’s Privacy Policy in its entirety, please visit please visit the privacy policy page on this website. User’s privacy is also limited by User’s submissions and links to third party sites.
Reviews, Comments, and Other Submissions
Elliott Realty appreciates hearing from its Users.
Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any vacation rental property reviews, questions, comments, suggestions, ideas, or the like contained in any submissions (collectively, “Submissions”), User grants Elliott Realty and its Affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to:
a) Use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display, and perform such Submissions throughout the world in any media, now known or hereafter devised;
b) Use the name that User submits in connection with such Submission. User acknowledges that Elliott Realty may choose to provide attribution of User’s comments or reviews (for example, listing User’s name and hometown on a vacation rental property review that User submits) at Elliott Realty’s discretion, and that such Submissions may be shared with Elliott Realty’s supplier partners, Affiliates, and Licensees. User further grants Elliott Realty the right to pursue at law any person or entity that violates User or Elliott Realty’s rights in the Submissions by a breach of this User Agreement. User acknowledges and agrees that Submissions are non-confidential. Elliott Realty takes no responsibility and assumes no liability for any Submissions posted or submitted by User. Elliott Realty has no obligation to post User comments. Elliott Realty reserves the right, in Elliott Realty’s absolute discretion, to determine which comments are published on the Site or affiliate Sites owned and/or operated by Elliott Realty, its Affiliates, and its Licensees.
User Submissions constitute an agreement with and acceptance of these terms and conditions.
User is fully responsible for the content of User Submissions, which includes, but is not limited to, reviews posted to this Website. User is prohibited from uploading, posting, transmitting, or otherwise publishing to or from this Website any of the following:
a) Any message, data, information, text, music, sound, photos, graphics, code, or other material (collectively, “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;
b) 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;
c) Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
d) Content that impersonates any person or entity or otherwise misrepresents User’s affiliation with a person or entity;
e) Unsolicited promotions, political campaigning, advertising, or solicitations;
f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security Numbers, and credit card numbers;
g) Viruses, corrupted data, or other harmful, disruptive, or destructive files; or
h) Content that, in the sole judgment of Elliott Realty, is objectionable or which restricts or inhibits any other person from using or enjoying the interactive areas of the Site, or which may expose Elliott Realty, its Affiliates, its Licensees, or its Users to any harm or liability of any type.
User is solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from User’s posting of Content to this Website. User acknowledges that Elliott Realty may exercise its rights (e.g., use, publish, delete, edit, and/or modify) to any content User may submit without notice to User.
Elliott Realty takes no responsibility and assumes no liability for any Content posted, stored, or uploaded by User or any third party, or for any loss or damage thereto, nor is Elliott Realty liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity User may encounter on its Site.
As a provider of interactive services, Elliott Realty is not liable for any statements, representations, or Content provided by its Users in any public forum. Although Elliott Realty has no obligation to screen, edit, or monitor any of the Content posted to or distributed by Users of its Site, Elliott Realty reserves the right, and has absolute discretion, to remove, screen, and/or edit without notice to User any Content posted or stored on the Website at any time and for any reason.
If it is determined that User retains moral rights, including rights of attribution or integrity, in the Content, User hereby declares that:
a) User does not require that any personally identifying information be used in connection with the Content, or any derivative works of, upgrades, or updates thereto;
b) User has no objection to the publication, use, modification, deletion, and exploitation of the Content by Elliott Realty or its Affiliates, Licensees, Successors, and Assigns;
c) User forever waives and agrees not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and
d) User forever releases Elliott Realty, and its Affiliates, Licensees, Successors, and Assigns from any claims that User could otherwise assert against Elliott Realty by virtue of any such moral rights.
Links to Third Party Sites
This Website may contain hyperlinks to websites operated by parties other than Elliott Realty. Such hyperlinks are provided for User reference and convenience only. Elliott Realty does not control such websites and is not responsible for their content, the privacy, or other practices of such websites. Further, it is User’s responsibility to take precautions to ensure that whatever links User selects or software User downloads, whether from this Website or other websites, is free of items such as viruses, worms, Trojan horses, defects, and other items of a destructive nature. Elliott Realty’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Integration and Arbitration
To the extent that any term herein is unenforceable under any federal, state, or other applicable law, those terms are excluded, ignored, or stricken, and the remaining terms herein remain in full force and effect.
User agrees that the parties shall negotiate in good faith to resolve any dispute with Elliott Realty, and if the dispute cannot be resolved within a reasonable time, the complaining party understands and agrees that the dispute is SUBJECT TO ARBITRATION PURSUANT TO SC CODE OF LAWS, SECTION 15-48-10 ET SEQ. Should ARBITRATION prove unsuccessful, the parties understand and agree that South Carolina law applies without regard to conflict of law principles, and the dispute must be brought in a South Carolina court of competent jurisdiction.
Last Updated on: December 05, 2023
INTELLECTUAL PROPERTY POLICY
Copyrights, Trademarks, and other Intellectual Property
The Site, Services, and Materials, and their selection and arrangement (the Site’s “Look and Feel”) are protected and/or protectable by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual property and proprietary rights (hereafter “IP Rights”).
This Site and its content may be protected by patents or pending patent applications in the United States and elsewhere. Therefore, this Notice is provided to satisfy the virtual patent marking provisions of various jurisdictions including the virtual patent marking provisions of the America Invents Act, 35 U.S.C. § 287(a).
This Notice does not preclude Elliott Realty from pursuing any and all legal rights Elliott Realty may have for the purpose of protecting Elliott Realty’s IP Rights. Except as expressly provided in these Terms, Elliott Realty does not grant any express or implied rights to use the Site, Services, and Materials.
If you are an owner of intellectual property and you believe that your intellectual property is being infringed by an Owner via Listing(s) on this Site, please note that Elliott Realty is not responsible for Owner Listing(s) content and will only remove clearly infringing content upon proper notice and after resolution attempts between the intellectual property owners and Listing Owner(s) have proven unsuccessful.
Elliott Realty is not able to mediate disputes between Users and intellectual property owners. Therefore, intellectual property owners are encouraged to resolve their disputes directly with the Owner who posted the content in question. If you are unable to reach the Listing Owner(s) or need further assistance, please contact Elliott Realty. Elliott Realty may be able to perform a limited investigation of reasonable complaints and remove content in cases of clear infringement.
In accordance with the Digital Millennium Copyright Act (DMCA), please report any suspected violation to Elliott Realty’s designated agent at:
Thrive IP® Elliott Realty, Inc.
5401 Netherby Lane [email protected]
Suite 1201 (843) 249-1406
North Charleston, SC 29420
(843) 580-9057
Last Updated on: December 05, 2023
