While real estate investing can bring in some serious returns, it is not risk-free. In an effort to discuss some of the risks of investing in »
Rented is the wholesale version of Airbnb, helping vacation home owners rent all of their weeks in one transaction. Relax. It's rented.
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Terms & Conditions
Each Site is operated by Rented.com. Unless otherwise specified, the entity controlling the Site you are accessing is referred to herein as "Rented.com," "we," "us" or "our". You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and Rented.com. You are not authorized to use this Site unless you are at least 18 and able to enter into legally binding contracts. We do not knowingly collect the information of anyone under the age of 18.
THE SITE, APPLICATION, AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH OWNERS (DEFINED BELOW) MAY LIST RENTAL RIGHTS (DEFINED BELOW) FOR THEIR PROPERTY (DEFINED BELOW) AND PROPERTY MANAGERS (DEFINED BELOW) MAY LEARN ABOUT AND OBTAIN SAID RENTAL RIGHTS. YOU UNDERSTAND AND AGREE THAT RENTED.COM IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OWNERS AND PROPERTY MANAGERS, NOR IS RENTED.COM A REAL ESTATE BROKER, AGENT OR INSURER. RENTED.COM HAS NO CONTROL OVER THE CONDUCT OF OWNERS, PROPERTY MANAGERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY PROPERTIES OR PROPERTIES' RENTAL RIGHTS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. 1. The Site is a Venue and We are Not a Party to any Agreement or other Transaction Between Users of the Site.
We urge all Users to be responsible about their use of this Site and any transaction entered into as a result of either listing or purchasing rental rights. We do not own or manage, nor can we contract for, any vacation rental property listed on a Site. Rented.com and other Sites act as a venue to allow property owners and asset managers who advertise on the Site (each, a "Owner") to offer for sale or management in a variety of pricing formats, specific blocks of time (herein referred to as "Rental Rights") at the corresponding rental property, real or personal (herein referred to as the "Property") to potential Property Managers (each, a "Property Manager" and, as a group the "Property Managers"), to be agreed to under a Management Contract (herein referred to as the "Management Contract"). The Terms shall be binding on Owners and Property Managers (collectively referred to as "Users" herein). Sites also may offer other tools or services or provide various ways for Users to communicate with one another and enter into exclusive rental rights agreements.
We are not involved in any transaction between Users even though we may from time to time provide tools that relate to a transaction, such as a tool to enable a Property Manager to enter into a transaction to purchase specific Rental Rights directly from an Owner. As a result, any part of an actual or potential transaction between an Owner and a Property Manager, including the quality, condition, safety or legality of the Properties and related Rental Rights advertised, the truth or accuracy of the listings (including the content thereof or any property), the ability of Users to offer the Rental Rights, and for the Rental Rights to be valid, and the ability of Property Manager to close on the transaction are solely the responsibility of each User. You acknowledge and agree that you may be required to enter into a separate agreement and/or waiver prior to purchasing Rental Rights or purchasing a product or service and may place additional restrictions on your Rental Rights, product or service.
Responsibility for applicable laws, rules and regulations: Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site.
Users further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the advertisement of their Rental Rights, Property, and the conduct of their business, including but not limited to taxes, permit or license requirements, zoning ordinances, safety compliance, compliance with all anti-discrimination and fair housing laws and other laws and regulations, as applicable. Please be aware that, even though we are not a party to any transaction and assume no liability for legal compliance pertaining to Rental Rights or Properties listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion. Travel Advisories: It is the User's responsibility to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to purchasing Rental Rights. Information may be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
Warnings of Suspicious Activity: While we do take certain measures to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. In the event we do provide warnings or messages to Users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all Users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm, result or action.
2. Limited License to Use the Site.
Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of advertising Rental Rights to their Properties, searching for Rental Rights, purchasing or researching (for the purpose of inquiring about purchasing) Rental Rights, participating in an interactive area hosted on any Site or for any other purpose clearly stated on a Site, all in accordance with the Terms. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.
3. Unauthorized Uses of the Site.
The license to use the Site only extends to the uses expressly described herein. The license to use the site granted to Users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engines" do not include a website or search engine or other service that provides classified listings or property rental rights for sale, or any subset of the same or which is in the business of providing Rental Rights for sale or other services that compete with us.
Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously authorized by us in writing:
4. Proprietary Rights and Downloading of Information from the Site.
The Site and all content and information on the Site are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site for any use other than approved herein is expressly prohibited without prior written permission from us. As part of the due diligence process, for your own use and not for further distribution, you may download, display, and/or print one copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form displayed on the relevant portion(s) of the Site that you desire to download, display or print. USER UNDERSTANDS AND AGREES THAT ITS USE OF ANY FORM OR AGREEMENT PROVIDED ON THE SITE, INCLUDING THE FORM OF EXCLUSIVE RENTAL MANAGEMENT AGREEMENT (AS AMENDED FROM TIME TO TIME THE “RMA”), AS WELL AS THE CONTENT ON THE SITE AND THE SERVICES ARE SUCH USER’S OWN DISCRETION AND RISK. THE RMA IS PROVIDED "AS-IS" AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, RENTED.COM GROUP (DEFINED BELOW) DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE RMA, ANY OTHER FORM, CONTENT, AND RELATED MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. WE AND OUR SUPPLIERS DO NOT WARRANT THAT THE RMA WILL MEET YOUR REQUIREMENTS OR THAT THE RMA INCLUDES ANY OR ALL OF THE PROVISIONS WHICH ARE LEGALLY OR PRACTICALLY NECESSARY OR DESIRABLE FOR CONTRACTS OF SUCH NATURE IN THE JURISDICTION WHERE ANY USER OR THE PROPERTY IS LOCATED. THE RMA IS PROVIDED WITH THE UNDERSTANDING THAT RENTED.COM GROUP IS NOT ENGAGED IN RENDERING LEGAL OR OTHER PROFESSIONAL SERVICE. IF LEGAL ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. RENTED.COM GROUP EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE RMA WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS. EACH USER IS SOLELY RESPONSIBLE FOR ENSURING THAT ITS USE OF THE RMA, THE RENTAL RIGHTS, THE VACATION RENTAL OF THE PROPERTY ARE IN ACCORDANCE WITH APPLICABLE LAW.
6. Identity Verification.
User verification on the Internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of each User's purported identity. We encourage you to communicate directly with other Users through the tools available on the Site, though this does not assure you of the identity of the person or organization with which you are communicating. You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized Users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) 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 (iv) 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 online 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 are fraudulent or that you did not intend or want performed. EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER RENTED.COM NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER'S PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR RENTED.COM ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH RENTED.COM AND OTHER USERS. Further, we may, without notice to you, suspend or cancel your listing or Property Manager 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.
7. Limitations on Communications and Use of Other Users' Information; No Spam.
You agree that, with respect to other Users' personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (a) Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other User related to the purpose of the Site (such as inquiring about or obtaining rental rights). Any other purpose will require express permission from the User. You may not use any such information for any unlawful purpose or with any unlawful intent. In all cases, you must give Users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another User to any third party without both our consent and the consent of the other User. You agree that other Users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other Users' personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information. We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site User, even a User who has rented a vacation property from you or to you, to your mailing list (email or physical mail) without the User's express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Site or through any tool or service provided on the Site. 8. Responsibility for Property Listings, Reviews and Other User contributed Content; Participation in Interactive Forums.
We have no duty to pre-screen content posted on the Site by Property Managers, Owners, or other Users, whether directly contributed by the User or contributed by us or a third party on behalf of the User (including, without limitation, property listings, reviews of a rental property, participation in an interactive community, forum or blog (each an "Interactive Forum") or any other content provided by a User to the Site), (collectively, "User contributed content"). We are not responsible for User contributed content. "User contributed content" also includes information that a User provided to a third party website which is then provided to our Site by a tool we offer.
We reserve the right to decline to permit the posting on the Site of, or to remove from the Site, any User contributed content that fails to meet our Content Guidelines, any other guidelines posted on a Site or if it otherwise violates these Terms, each as determined in our discretion. We may also remove User contributed content if it is brought to our attention, such as by notice given to us by a User or any third party that any part of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content, as determined in our consent. Finally, we reserve the right (but do not assume the obligation) to edit a User's content or User contributed content in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements.
At a minimum, User contributed content must:
Property Listings: All property listings on the Site are the sole responsibility of the Owner (who may be the owner or a property manager or duly authorized property manager or agent of the owner) and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, property reviews, guest book entries, or any alleged breaches of contract on a User's part. Owners are solely responsible for keeping their property information up-to-date on the Site, including, but not limited to any and all representations about any property, its amenities, location, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property reviews, guest book entries, property location, suitability, or availability information published on the Site is accurate or up-to-date even in the case where prospective Property Managers have searched for specific dates or types of properties. Owners are solely responsible for ensuring the accuracy of any property descriptions, and Property Managers are solely responsible for verifying the accuracy of such descriptions. Owners represent that they have the right to list Rental Rights for their respective Properties during the time period associated with the Rental Rights, and that third party, short-term rentals are permitted for their respective Properties.
Responsibility for All Other User Contributed Content: All other User contributed content is the sole responsibility of the User who contributed such content, whether such User contributed the content directly or through a third party website. Users are solely responsible for their User contributed content and we specifically disclaim all liability for User contributed content.
The User represents and warrants that the User owns or otherwise controls and have all legal rights to the User's submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the User contributed content. We reserve the right, but not the obligation, to request a proof of ownership or permission, and to refuse to post User generated content without such proof or if such proof is, in our sole discretion, insufficient, but make no commitment or assurance that we have done this with any property listed on the Site.
License and Rights Granted to Us: By submitting or authorizing User contributed content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your User contributed content, in connection with our business or the business of our affiliates. Notwithstanding the foregoing, following the termination or expiration of a property listing, we will not continue to display the User contributed content that was displayed in such listing.
You further grant us and our affiliates the ability to copyright and protect the User contributed content, including the images, copy, and content available via any User's listing, from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. You further agree to assist us-at our expense and control-to protect such copyrighted material from unauthorized redistribution.
You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of the User's property listing or otherwise provide promotional or other services related to our business. Further, each User agrees that we may reproduce in whole or in part any photographic material supplied by such User in the promotion of either such User's property or the promotion of the Site.
In the event that it is determined that you retain any rights of attribution, integrity or any other moral rights in any User contributed content, you hereby declare that you do not require that any personally identifying information be used in connection with the User contributed content or any derivative works thereof and that you have no objection to the publication, use, modification, deletion or exploitation of the User contributed content by us or our affiliates.
9. Social Media or Third Party Websites.
If the Site offers a tool or service which allows us to access or use any profile or other information about you that you have provided to Facebook or another third party website (each a " Social Media Site") and you decide to use such a tool or service, you acknowledge and agree that:
(i) The information or content that are a part of your Social Media Site profile, which you have designated as "public" (or a similar designation) (with such information or content and referred to herein as "Social Media Content") may be accessed and used by us in connection with the Site;
(ii) The Social Media Content will be considered "User generated content" under these Terms and both you and we shall have the same rights and responsibilities as you and we have with respect to User generated content under these Terms;
(iii) In the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse; and
If any User contributed content created by Users is translated for display on any Site or any site of any affiliate of Rented.com, the User is solely responsible for the review and accuracy of such translation. Unless we specify otherwise to the User, any translation services are offered by us free of charge.
11. Notification of Infringement
We respect the intellectual property rights of others, and Rented.com does not permit, condone, or tolerate the posting of any content on the Site that infringes any person's copyright. Rented.com will terminate, in appropriate circumstances, a User who is the source of repeat infringements of copyright. Should you become aware of or suspect any copyright infringement on this Site, please email firstname.lastname@example.org.
12. Unsolicited Ideas and Feedback.
Unsolicited Ideas: From time to time, Users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works ("submissions") in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions. If you provide any submissions to us, you agree that: (1) your submission and its contents will automatically become the property of Rented.com, without any compensation to you; (2) Rented.com may use or redistribute any such submission and its contents for any purpose and in any way; (3) there is no obligation for Rented.com to review any submission; and (4) there is no obligation to keep any submission confidential. Feedback on our Business: We welcome your feedback regarding many areas of our business. If you want to send us your feedback, we simply request that you send it to us using the “Contact” link or email us at email@example.com. Please provide only specific feedback on our websites and services. Keep in mind that we assume no obligation to keep any feedback you provide confidential and we reserve the right to use or disclose such information in any manner.
13. Software Available on the Site.
The Site is controlled and operated by Rented.com or an affiliate of Rented.com in the United States. Software available on the Site (the "Software") is subject to United States export controls. No Software available on the Site or software available any other site operated by Rented.com or an affiliate of Rented.com in the United States may be downloaded or otherwise exported or re-exported (a) into (or to a resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
All Software is the copyrighted work of Rented.com, an affiliate of Rented.com or an identified third party. Your use of such Software is governed by these Terms and the terms of any additional license agreement that accompanies or is included with such Software. If the Software is not accompanied by an additional license agreement, we hereby grant you a limited, personal, nontransferable license to use the Software for viewing and using this Site in accordance with these Terms and for no other purpose.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. COPYING OR REPRODUCING ANY SOFTWARE AVAILABLE ON THIS SITE IS EXPRESSLY PROHIBITED, EXCEPT AS SPECIFICALLY PROVIDED FOR IN A LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
14. Links to Third Party Sites.
This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third party site, such as a Social Media Site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
15. Limitation of Liability.
IN NO EVENT WILL RENTED.COM, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE "RENTED.COM GROUP"), OR ANY THIRD PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY SITE OF A USER OF THE RENTED.COM GROUP (EACH A "THIRD PARTY PROVIDER"), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE RELATED TO THE BUSINESS WE OPERATE ON THE SITE BY YOU OR ANY THIRD PARTY (E) ANY USER CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR SITE AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SITE AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS, IN EACH CASE, 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 (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) 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 SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR ANOTHER USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN THE UNLIKELY EVENT RENTED.COM IS FOUND LIABLE FOR ANY CLAIM, OUR LIABILITY, AND THE LIABILITY OF ANY USER OF THE RENTED.COM GROUP, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
THE SITE, INCLUDING ALL CONTENT, THE RMA, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY TRANSACTION BETWEEN USERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THE MAY BE OFFERED ON THE SITE) THE SAFETY OF ANY TRANSACTION, PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.
YOU FURTHER ACKNOWLEDGE THAT BY DISPLAYING INFORMATION OR PROPERTY LISTINGS IN PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK AND ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO TRAVEL TO ANY DESTINATION.
17. Release; Indemnification.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER CONTRIBUTED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE EACH USER OF THE RENTED.COM GROUP, 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, LIABILITIES, 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 SUCH DISPUTE AND/OR YOUR USE OF THE SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH USER OF THE RENTED.COM GROUP (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
18. Jurisdiction; Choice of Law and Forum; Time Limit.
THIS SITE IS OPERATED BY US IN THE UNITED STATES AND WE MAKE NO WARRANTY THAT THE MATERIALS AND CONTENT ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES. THOSE WHO CHOOSE TO ACCESS THE SITE FROM OUTSIDE THE UNITED STATES DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR LOCAL LAWS, IF AND TO THE EXTENT THAT LOCAL LAWS ARE APPLICABLE.
ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMED, PERFORMABLE AND/OR SOLD IN THE STATE OF GEORGIA, UNITED STATES OF AMERICA, AND YOU IRREVOCABLY AGREE AND CONSENT THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THESE TERMS WILL BE FILED IN THE STATE OR FEDERAL COURTS IN GEORGIA WHICH YOU ACKNOWLEDGE, CONSENT TO AND AGREE WILL BE THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL DISPUTE BETWEEN YOU AND US. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES.
ANY CAUSE OF ACTION YOU MAY HAVE HEREUNDER OR WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED BY FILING SUIT IN GEORGIA, WITHIN ONE (1) YEAR AFTER THE INCIDENT UPON WHICH THE CLAIM OR CAUSE OF ACTION IS BASED FIRST OCCURRED.
19. Additional Terms and Conditions Applicable to Rented.com Services
Management Contract: By utilizing Rented.com, the Property Manager and Owner each agree to the terms and conditions set forth in the Management Contract effective as of the date that the User indicates acceptance of the Management Contract. You hereby acknowledge and agree that (a) you are fully responsible for the terms and conditions of the Management Contract, (b) nothing contained in Rented.com, this Agreement, or any other information provided on the Site is a substitute for the advice of an attorney, and (c) that you have been hereby advised to obtain local legal counsel to prepare, review and revise as necessary any Management Contract to ensure compliance with federal, state, and local law and their particular circumstances, and to revise the Management Contract as necessary to accurately represent their property, rules, features, etc.
Contact Us: To contact us for any reason, Users can go to:
Rented.com 730 Peachtree St NW Suite 830 Atlanta, GA 30308.
When we need to send you notice, it will be sent to the email address you provide to the Site during the registration process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical or electronic address provided to us during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given three days after the date of mailing to a physical address and one day after mailing to an electronic address.
Changes to the Site or these Terms and Conditions: We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Site without notice or liability.
This version of the Terms became effective on the date set forth above and this version amends the version effective prior to such date. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time, with or without your consent, and you acknowledge and agree that your consent to any such 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 Site by the indication of the last amendment date at the top of these Terms and will be effective immediately. If you disagree with any non-clerical and/or substantive amendment to these Terms, then (i) your sole remedy as a User, is to discontinue your use of the Site, and (ii) your sole remedy as a User is to withhold your consent to the applicability of the proposed amendment to your use of the Site, in which case your use of the Site will continue to be governed by the terms and conditions that were applicable to your use of the Site during the then current term of your registration as the same were in effect immediately prior to the proposed amendment and you agree that you are responsible for keeping a copy of such terms. When members renew registrations and/or listings, the terms in effect at the time of renewal will govern, provided that such terms may change as described above.
We also reserve the right, in our sole discretion and from time to time, to offer programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Site with respect to such special program is governed by the terms and conditions of such program, product or service. Rates and fees are set at the time of a User or member's registration or renewal, as applicable. Such rates are subject to change without notice or approval. The rates in effect at the time of the User’s next registration renewal or new listing or any other additional or new order of any product or service will govern for such renewal or other order. The types of products and services (including the features, terms and operation thereof) offered at the time of a member's registration are subject to change without notice or approval. We further reserve the right to offer additional products, services or features for purchase at any time. See also the section below relating to auto renewal of registrations.
Your Record of These Terms: We do not separately file the Terms entered into by each User of the Site. 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. Enforcement of These Terms: We may immediately terminate any User's access to or use of the Site due to such User's breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all breaches of these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach. Any action or inaction by us in response to any breach of these Terms does not limit our rights with respect to actions we may take in response to any other similar or different type of breach.
Entire Agreement, Headings and Severability:
These Terms constitute the entire agreement between us and you with respect to the matters set forth herein, and supersede any prior agreement between us and you with respect to your use of the Site. Headings in these Terms are for reference only and do not limit the scope or extent of such section. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. Assignment: We may assign these Terms in our sole discretion. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.
Additional Terms and Conditions Applicable to Our Users: In addition to being bound by the Terms set forth above, Users who register to advertise a property on the Site are also bound by the following terms.
21. User Eligibility; Accuracy of Information; Representations.
Our services may only be used by Users who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Each User represents and covenants that all information submitted to us and to the Site during such User's registration with the Site shall be true and correct. Each User further agrees to promptly provide notice to the Site by contacting us at firstname.lastname@example.org regarding any updates to any such contact information previously submitted by such User of the Site. Each User agrees to promptly provide such proof of personal identification, proof of ownership of the Property listed on the Site if acting as an Owner, and proof of authority to list the Property if acting as an Owner as we may request. Each Owner further represents and covenants that: (i) he/she owns and/or has all necessary rights and authority to offer for sale and to sell the rental rights to the property listed by such User; (ii) that he/she will accurately describe the subject property and will not fail to disclose a material defect in, or material information about, the subject Property; (iv) that he/she will not wrongfully deny access to the listed Property; and (v) that he/she will not fail to provide a refund when due in accordance with the underlying exclusive rental rights agreement. Upon our request, each User agrees to promptly provide to us such proof of personal identification, proof that the condition, location, or amenities associated with the Property are accurately described in the listing, proof of ownership of the property listed on the Site, and/or proof of authority to list the Property as we may request.
22. Content, Layout and Copy.
All content and copy edits submitted by Users are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine, in our sole discretion, does not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any User. All content must meet these Terms and our Content Guidelines. We reserve the right to edit content submitted to the Site in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements. Users are responsible for reviewing and ensuring that any content displayed on the Site appears as the User intended.
All printed (paper based) photographs submitted by a User will be discarded after we have scanned the same into our electronic database. We have no responsibility to return such photographs to you. We will use reasonable efforts to reproduce faithfully any photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard.
Photographs should depict the Property as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party. Photographs must meet our Content Guidelines. We reserve the right not to display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us. By submitting a photograph either electronically through the Site or by mailing a paper photograph to our offices, the User represents and warrants that (a) (i) he/she holds all intellectual property rights with respect to each submitted photograph, or (ii) he/she has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that he/she will indemnify and hold harmless the Site and any member of the Rented.com Group from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted. It is the User's responsibility to obtain reproduction permission for all photographic and other material used in its advertisements. The User warrants that he/she is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request.
Further, each User agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such User's property or the promotion of the Site.
24. Uses of Our Trademarks or Logos.
There are limited ways in which you may use our trademarks or logos without specific prior written authorization. The following are general guidelines: It is usually permissible for you to refer to Rented, Rented.com, VacationFutures, VacationFutures.com, VacationFutures, Inc., or the name of one of our affiliate websites on which you list your property in a descriptive manner in your listing on the Site or in other permissible communications. For example, you might say: "Check out my home on Rented.com," or "I list properties on Rented.com." However, you may not refer to Rented, Rented.com, VacationFutures, VacationFutures.com, VacationFutures, Inc., or any of our affiliates in any way that might lead someone to believe that your company or site is sponsored by, affiliated with, or endorsed by Rented.com or VacationFutures, Inc. or one of our affiliates. For example, you may not say: "Rented.com sponsors my vacation rental property," or describe your property as "Rented.com’s best vacation rental property." You may not use the Rented, Rented.com, VacationFutures, VacationFutures.com, VacationFutures, Inc., name or one of our affiliates' names on any other website that lists vacation rentals without our prior written authorization.
The Rented.com logo is a registered trademark in the United States and other jurisdictions around the world. We generally do not permit the use of our names and logos, other than as described above or with our prior written authorization. If you want permission to use our name and/or logo in any other manner, including, without limitation, on any website, business card, signage, t-shirts, etc., or if you have other questions, you may email us at email@example.com.
25. Hypertext Links.
We reserve the right to refuse hypertext links to, or addresses of, other web sites from members' pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.
26. Substitution of Properties; Advertising More Than One Property; Property Managers.
Each advertisement must relate to an individual and uniquely identified Property, and a specific period of time.
(a) The Property in an advertisement may not be substituted for another Property without our consent. We may approve a request if the Property that was listed was sold or the contract with the owner was cancelled and the User provides sufficient proof thereof and completes any additional request forms we may request. The term of the registration for any substituted Property shall be the same as the term of the originally listed Property (i.e., the term will not be extended past the original term).
If a member submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and may choose, in our sole discretion, to retain any fees associated with the term of the previously existing listing as compensation for the violation of this condition.
(b) The listing specifically cannot be a mere example of properties in a given area. Only one Property and periods of time at that Property for sale can appear on each listing. We reserve the right to amend the copy or remove any advertisement when more than one property is described in such advertisement, and may choose, in our sole discretion to retain any fees associated with the initial term of such nonconforming listing as compensation for the violation of this condition.
27. Unauthorized Payment Methods; Registration Payments; Automatic Renewal Payments
Payments between Property Managers and Owners: We are not a party to any payment transaction between Property Managers and Owners. No Owner may request any Property Manager to mail cash, or utilize any payment method other than the approved payment method on the Site as payment for all or part of any and all exclusive rental rights transactions. No Property Manager may offer to mail cash, or utilize any payment method other than the approved payment method on the Site for all or part of any and all exclusive rental rights transactions. Any violation of this term or any other unacceptable payment methods that may be posted on the Site may result in the immediate removal of the non-conforming listing from the Site and/or termination in the User’s account without notice to the Owner or Property Manager and without refund. From time to time, we may become aware of Users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method. Ideally, we hope to be able to assist Users in avoiding such transactions, but we assume no liability or responsibility to do so or to inform Users of any such actual or suspected activity.
Payments for registrations: Payment for registration, if any is required, must be made to us in U.S. Dollars paid either by major credit or debit card, or a bank transfer via the Site. Property Managers may be required to pay a registration fee upon account activation, which may be applied to said Property Manager's purchase of Rental Rights but is otherwise nonrefundable.
Fees to Rented.com: Property Managers shall be required to pay Rented.com any applicable fees upon signing a Management Contract with an Owner. When signing a Management Contract though Rented Resorts and/or Rented Corporate Leasing, Rented.com’s fee begins on the first day of the first month of the agreement. Other Management Contracts signed are subject to the posted fee, paid monthly, with the first payment due at the time of signing. Any additional Management Contracts signed for properties owned by an Owner, developer, or HOA on Rented.com’s platform are also subject to Rented.com’s fees. Unless Rented.com is informed otherwise, Management Contracts are assumed to be renewed annually and will be automatically billed. Renewals are subject to Rented.com’s fee of 50% of the original base annual fee.
28 . Refund Requests and Termination or Transfer of Listings
Refund Requests: All listings are sold to run the full term that is chosen by the User. Generally, no refunds are available.
Our Right to Terminate a User: If, in our sole discretion, any User submits unsuitable material to our Site or into our database, misuses the Site or our online system or is in material breach of these Terms, we reserve the right to terminate such User's registration(s) immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any User or other third party regarding a User's listing or practices that, in our sole discretion, warrants the immediate removal of such User's listing and/or registration from the Site then we may immediately terminate such User's registration(s) without notice to the User and without refund. We assume no duty to investigate complaints. If any User is abusive or offensive to any employee or representative of the Rented.com Group, we reserve the right to terminate such User's registration(s) immediately without refund. Finally, if any User is in breach of these Terms or its obligations to us then we may terminate such User's registration(s) immediately without notice to the User and without refund.
Transfer of Listing: No listing may be transferred to another party, except that if a User sells the property that is listed, the User may transfer its listing to the new owner of the property that is listed. We may, at our discretion, charge a reasonable transfer fee. 30. No Endorsement. Rented.com does not endorse any Property, Owner, Manager or rental listing. 31. Taxes. Tax regulations may require us to collect appropriate tax information from you, or to withhold taxes from payouts. You understand and agree that you are solely responsible for determining (i) your applicable tax reporting requirements, and (ii) the taxes that should be included, and for including taxes to be collected or obligations relating to applicable taxes.
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Gross Annual Revenue
How much did I make last year?
How much is your time worth?
Industry average spent self-managing is 8.4 hours per week
Subscription to yearly accounts, advertising, webhosting, etc.
Cost of booking websites like Flipkey, Homeaway, Airbnb and/or commissions or fees to management company if used
Costs incurred from taxes. Ex: Orlando: 13% of Gross Revenue.
Plumbing, Electirican, Broken Window
Multiply your cost of cleaning by your average number of turns per year
Soap, Toilet Paper, Dish Soap, Light Bulbs, etc.
Do you have a local presence to welcome guests, coordinate keys, etc?
Fixed Income Assurance
Discount I would take to receive a guaranteed annual income instead of taking the financial risk
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Your Guide to intelligent offers
How much profit do I want to make on this property this year?
Gross Projected Revenue
Expected annual rental revenue from property.
Cost of cleaning multiplied by avg number of turns per year
Listing expenses, marketing expenses, etc
Plumbing, small repairs, etc. (Capped at 10% of bid)
Builds in maintenance risk factor.
How volatile is my market (ex- If I don't get snow this year, how will that affect my offer)?
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