You must agree to our Homeowner Agreement in order to list your property on
Payment is made in advance and in full. One of our several payment
plans should suit your particular needs.
Each property listing submitted for inclusion on WeNeedaVacation.com shall be for
a single rental home or unit only.
You may make changes to your listing at any time for no charge, even if the status
of your listing is inactive.
You are fully responsible for the accuracy of the information on your property.
You agree to hold WeNeedaVacation.com, LLC harmless for any and all liability that
arises out of or results from any inaccuracies in your advertisement.
The calendar date stamp is required to be updated regularly – preferably every 2 weeks during
the busy booking season and at least every 30-60 days at all other times – even if there
have been no changes to the pricing or availability. A current date stamp assures vacationers
that all pricing and availability information is accurate, and it can improve your listing's
visibility and ranking.
WeNeedaVacation.com reserves the right to use any photos or graphics uploaded to
our listings for our own marketing purposes as we see fit without express permission
from the lister.
WeNeedaVacation.com reserves the right to edit or not to display inappropriate material.
You have a unique web page for your property that is available 24 hours a day, 7
days a week. We experience over 99% up-time, but do from time to time need to take
the site down for maintenance. Outages last a couple of hours and are done at the
quietest times of the week.
WeNeedaVacation.com reserves the right to change our policies and procedures at
any time without notice.
Your rental property must be clean and well-maintained.
You must be responsive to your tenants before, during and after their rental of
You may provide a link to your personal website if it is devoted solely to your
property, and we will link to it from your listing. If the personal website refers
to multiple properties, all of those properties must have active listings on our
site. We do not provide links to web pages on our competitors' websites.
Your satisfaction is guaranteed. Read our complete
Termination of Listing
In the event that WeNeedaVacation.com receives complaints about your property
listing's accuracy, or about your treatment of tenants, we will investigate
and give you every opportunity to present your side of the situation. But, after
such investigation and presentation, if WeNeedaVacation.com in its sole judgment,
believes that those complaints are not being fairly and adequately addressed by
you, we reserve the right to remove your listing from the WeNeedaVacation.com website
with no refund. Since our formation in 1997, we have had to do this less than once
per year. We must demand accurate listings and fair treatment of tenants who
find your property through our website.
In our sole discretion WeNeedaVacation.com, LLC reserves the right to terminate
and/or refuse to publish any listing with or without cause. In the event that a
listing is terminated without cause, you will receive a full refund for the current
subscription plan. In the event that a listing is terminated for cause you will
receive a pro rata refund for the time remaining on your listing. In the event that
the listing is terminated for cause as set forth in the previous paragraph, the
termination is without refund.
Limitation of Liability
IN NO EVENT WILL THE SITE, WENEEDAVACATION.COM, OUR PARENT (WENEEDAVACATION.COM,
LLC), SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND/OR EMPLOYEES (COLLECTIVELY,
"WeNeedaVacation.com") BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON,
OR RESULTING FROM OUR SITE, INCLUDING BUT NOT LIMITED TO THE USE OF THE SITE AND/OR
ANY TRANSACTION BETWEEN USERS. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE MAXIMUM
EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW AND
WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH
OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE
OF ACTION. IF YOU ARE DISSATISFIED WITH THE SITE, DO NOT AGREE WITH ANY PART OF
THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, WITH RESPECT
TO THESE TERMS OR THE USE OF THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST
US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY
OF ANY MEMBER OF WENEEDAVACATION.COM, LLC, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE
ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE
AMOUNT OF FEES YOU PAY TO US IN THE SIX MONTHS PRIOR TO THE ACTION GIVING RISE TO
LIABILITY, (B) $100.00 IN THE AGGREGATE OR (C) AS OTHERWISE PROVIDED IN THIS AGREEMENT.
Choice of Law and Forum
ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMABLE AND/OR SOLD IN
THE COMMONWEALTH OF MASSACHUSETTS, UNITED STATES OF AMERICA, AND YOU IRREVOCABLY
AGREE THAT ANY CAUSE OF ACTION IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT
TO THESE TERMS WILL BE FILED IN A COURT OF COMPETENT JURISDICTION IN NORFOLK COUNTY,
MASSACHUSETTS WHICH WILL BE THE VENUE OF ANY LEGAL DISPUTE. YOU ALSO AGREE THAT
ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH
THIS VERSION OF THE AGREEMENT TERMS BECAME EFFECTIVE ON JULY 6, 2010. WE RESERVE
THE RIGHT, IN OUR SOLE DISCRETION, TO AMEND THESE TERMS OF AGREEMENT, IN WHOLE OR
IN PART, AT ANY TIME, WITH OR WITHOUT YOUR CONSENT, AND YOU ACKNOWLEDGE AND AGREE
THAT YOUR CONSENT TO ANY AMENDMENT IS NOT REQUIRED IN THE EVENT THE PROPOSED AMENDMENT
IS CLERICAL AND/OR NON-SUBSTANTIVE IN NATURE. NOTIFICATION OF ANY AMENDMENT WILL
BE POSTED ON THE WENEEDAVACATION.COM WEBSITE AND WILL BE EFFECTIVE IMMEDIATELY.
WHEN MEMBERS RENEW SUBSCRIPTIONS, THE TERMS IN EFFECT AT THE TIME OF RENEWAL WILL
GOVERN UNLESS AND UNTIL ANY OTHER REVISIONS ARE MADE.