TERMS OF SERVICE / END USER LICENSE AGREEMENT
Effective Date: March 1, 2024
Welcome to the CLT Holdings LLC ("Rare Rentals") website. By using this website and purchasing any digital products, including the Zero to Super-Host STR Toolkit ("Toolkit"), you agree to these Terms of Use. Please read them carefully. If you do not agree to these terms, do not use the website or the Toolkit.
1. Description of Services
Rare Rentals provides a comprehensive toolkit that aims to provide all the resources and guidance you need to succeed in the competitive short-term rental market. The Services may include, but are not limited to, Tech Stack Guide, STR Tune-up Checklist, ROI Planning Guide, Property Selection Guide, Mortgage Guide, Hosts Templated Scripts, Guides for Hosts, Essential Templates, Delegation Guide for STR Hosts, Canva Templates, Trello Templates, and STR Shopping List. Rare Rentals reserves the right to modify or discontinue any part of the Services at any time without notice.
2. License and Use of Digital Toolkit
Upon purchase, you are granted a non-exclusive, non-transferable, limited license to download and use the Toolkit for personal use only. You may not share, distribute, sublicense, or resell the Toolkit or any of its contents without the express written permission of Rare Rentals.
Prohibited Actions: You may not modify, reproduce, republish, upload, post, or transmit any content from the Toolkit in any form, for any public or commercial purpose.
Consequences: Misuse or violation of these terms may result in termination of your access to the Toolkit without refund and may subject you to legal action.
3. No Guarantee of Results
The Zero to Super-Host STR Toolkit is designed to provide general information and guidance. Rare Rentals makes no guarantees of specific results and is not responsible for individual outcomes. Results may vary based on how you apply the information, and you are solely responsible for the decisions you make using the Toolkit.
4. User Eligibility
By using the Website and Services, you represent and warrant that you are at least eighteen (18) years old and have the legal capacity to enter into this Agreement. If you are accessing or using the Services on behalf of an entity or organization, you represent and warrant that you have the authority to bind that entity to this Agreement.
5. Account Registration
To access certain features of the Website or Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Rare Rentals immediately of any unauthorized use of your account or any other breach of security.
6. User Responsibilities
6.1 Acceptable Use
You agree to use the Website and Services in compliance with all applicable laws and regulations. You further agree not to:
(a) Violate or infringe upon the rights of any third party, including intellectual property rights;
(b) Transmit any unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable content;
(c) Interfere with or disrupt the integrity or performance of the Website or Services or attempt to gain unauthorized access to the Website or Services;
(d) Engage in any fraudulent, deceptive, or misleading activities;
(e) Use the Website or Services for any commercial or promotional purposes without prior written consent from the Rare Rentals;
(f) Use automated systems, such as bots or scrapers, to access the Website or Services without authorization;
(g) Impersonate any person or entity or misrepresent your affiliation with any person or entity;
(h) Collect or store personal information about other users without their consent;
(i) Violate any applicable laws or regulations.
6.2 User Content
You may have the opportunity to submit, post, or share content through the Website or Services, including but not limited to text, images, videos, or other materials (collectively, "User Content"). You retain ownership of any intellectual property rights in the User Content that you submit, but by uploading or otherwise making User Content available through the Website or Services, you grant Rare Rentals a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, publicly display, and publicly perform the User Content in connection with the provision of the Services.
You represent and warrant that you have all necessary rights, licenses, and permissions to grant the above license and that your User Content does not violate any third-party rights or any applicable laws or regulations. Rare Rentals reserves the right to remove or disable any User Content in its sole discretion, without prior notice.
7. Intellectual Property Rights
All content, including text, images, graphics, and logos within the Zero to Super-Host STR Toolkit, are the intellectual property of Rare Rentals or its licensors and are protected by copyright and other intellectual property laws.
No Reproduction: You may not reproduce, distribute, or use any content for commercial purposes without express permission.
Trademark Notice: Any trademarks used in connection with third-party platforms, such as Instagram, Facebook, Vrbo, Airbnb, Superhost, Stripe, Wix, and others, are the property of their respective owners. Rare Rentals does not claim any affiliation with or endorsement by these third-party platforms.
FACEBOOK is a registered trademark of Meta Platforms, Inc.
INSTAGRAM is a registered trademark of Meta Platforms, Inc.
AIRBNB and SUPERHOST are registered trademarks of Airbnb, Inc.
VRBO is a registered trademark of Expedia Group, Inc.
WIX is a registered trademark of Wix.com Ltd.
STRIPE is a registered trademark of Stripe, Inc.
These and other trademarks used are the property of their respective owners.
8. Refund Policy
Given the digital nature of the Zero to Super-Host STR Toolkit, all sales are final. We do not offer refunds once access to the digital product has been granted. If you experience issues accessing the Toolkit, please contact us at info@rarerentals.co for assistance.
9. Privacy Policy
We collect personal information such as your name, email address, and payment details to process your purchase. Payments are processed securely through Stripe and Wix Payments, and Rare Rentals does not store your payment information. Your data will only be used to manage your purchase, and we do not share or sell your information to third parties, except as necessary for the transaction.
Third-Party Data Processing: We use third-party services for payment and order processing. Please refer to Stripe’s and Wix’s privacy policies for further details on how your data is handled.
10. Third-Party Platforms Disclaimer
The Zero to Super-Host STR Toolkit may mention or suggest using third-party platforms such as Instagram, Facebook, Vrbo, or Airbnb for illustrative purposes. Rare Rentals is not affiliated with or endorsed by these platforms, and any use of these platforms is at your own discretion.
Platform Policies: You agree to adhere to the terms and conditions of any third-party platforms you use, and Rare Rentals bears no responsibility for any actions taken by these platforms, such as account suspension or content removal.
11. Affiliate Links Disclaimer
Rare Rentals may use affiliate links in the Toolkit or on the website. If you click on an affiliate link and make a purchase, we may receive a commission at no extra cost to you. This does not affect the objectivity of the Toolkit’s content.
12. Termination
Rare Rentals may, in its sole discretion, terminate or suspend your access to the Website or Services, in whole or in part, at any time and for any reason or no reason, including but not limited to your breach of this Agreement. Upon termination, your right to access and use the Website or Services will immediately cease, and Rare Rentals may delete or deactivate your account and any User Content associated with it. Sections 7, 13, 14, and 15 of this Agreement shall survive any termination or expiration of this Agreement.
13. Disclaimer of Warranties
THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RARE RENTALS MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RARE RENTALS DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE.
14. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, RARE RENTALS AND ITS SHAREHOLDERS, TRUSTEES, PRINCIPALS, PARTNERS, OFFICERS, MEMBERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, RELATED ENTITIES, AFFILIATES, HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS, INSTRUCTORS, GUIDES, STAFF, PARTICIPANTS, AND RELATED ENTITIES IN ANY WAY AS WELL AS THE VENUE WHERE RARE RENTALS’ SERVICES ARE BEING HELD OR OFFERED (IF APPLICABLE) AND ANY OF ITS OWNERS, EXECUTIVES, AGENTS, OR STAFF (COLLECTIVELY, "THE RELEASED PARTIES") SHALL NOT BE LIABLE TO YOU OR FOR ANY DAMAGES INCLUDING BUT NOT LIMITED TO, THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE TOOLKIT OR WEBSITE, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES EXCEED THE AMOUNT PAID BY YOU FOR THE TOOLKIT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASES, THE LIABILITY OF THE RELEASED PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation: Rare Rentals’ liability for any claim related to the Toolkit or this website will be limited to the amount paid, if any, by you to purchase the Toolkit.
No Indirect Liability: Rare Rentals will not be responsible for any business losses, including, but not limited to, loss of profits, revenue, contracts, data, or goodwill.
By using the toolkit, you accept and acknowledge that the limitations and exclusions of liability set forth in this Section 15 are reasonable and reflect a fair allocation of risk between you and the Released Parties. You agree that these limitations of liability are an essential basis of the agreement between you and the Released Parties, and that the Released Parties would not provide access to the toolkit to you without such limitations.
15. Governing Law and Dispute Resolution
A. Governing Law; Jurisdiction. This Agreement and all aspects of the Website and Rare Rentals’ Services shall be governed by and construed in accordance with the internal laws of the State of Colorado, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Denver County, State of Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action, or proceeding by you related in any way to the Website or Rare Rentals’ Services be instituted more than two (2) years after the cause of action arose.
B. Binding Arbitration. In the event of a dispute arising under or relating to this Agreement, Rare Rentals’ Services, or the Website (each, a "Dispute"), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act ("FAA"). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT'S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a panel of three neutral arbitrators, who are knowledgeable in the subject matter of the dispute, selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then-current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS' Streamlined Arbitration Rules and Procedures. All applicable JAMS rules and procedures are available at the JAMS website. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator's award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 15 above, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
C. Restrictions. You and Rare Rentals agree that any arbitration shall be limited to the Dispute between Rare Rentals and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
D. Exceptions to Arbitration. You and Rare Rentals agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or Rare Rentals’ intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; (3) any claim for injunctive relief; and (4) any claims where the maximum award limitation set forth in Section 15 is exceeded. If this Section is found to be illegal or unenforceable, then neither you nor Rare Rentals will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and Rare Rentals agree to submit to the personal jurisdiction of that court.
16. General Provisions
(a) Entire Agreement: This Agreement constitutes the entire agreement between you and Rare Rentals regarding the subject matter hereof and supersedes all prior or contemporaneous understandings, representations, or agreements, whether written or oral.
(b) Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
(c) Waiver: The failure of the Rare Rentals to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
(d) Assignment: You may not assign or transfer this Agreement or any rights or obligations hereunder without the prior written consent of the Rare Rentals. Rare Rentals may freely assign or transfer this Agreement without restriction.
(e) Notices: Any notices or communications required or permitted under this Agreement shall be in writing and delivered to the Rare Rentals at the address provided in the Contact Us section of the Website.
17.Contact Information
For any questions about these Terms, refunds, or legal concerns, please contact us:
CLT Holdings LLC ("Rare Rentals")
+1 720-334-8029