BY SELECTING THE “I agree to Terms of Use.” CHECKBOX DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT”) GOVERNING YOUR USE OF RockyPointOwnerDirect’s ONLINE SERVICE (THE “SERVICE”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE.

RockyPointOwnerDirect is a Web Software-as-a-Service (Service), which you the user are entitled to use on a subscription basis through a license arrangement with RockyPointOwnerDirect. Our software solutions and all related intellectual property, branding, messaging, and content of any other kind are all the exclusive property of RockyPointOwnerDirect.

Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the RockyPointOwnerDirect website incorporated by reference herein, including but not limited to RockyPointOwnerDirect’s privacy policies.

The Service is offered in several types:

Always Free Account

Pequeño Account

Grande Account

Más Grande Account

Items 7, 8, 10, and 11 do not apply to Always Free accounts.

1. Privacy

RockyPointOwnerDirect’s privacy and security policies may be viewed at https://RockyPointOwnerDirect.com/docs/privacy. RockyPointOwnerDirect reserves the right to modify its privacy policy in its reasonable discretion from time to time. Note that because the Service is a hosted, online application, RockyPointOwnerDirect occasionally may need to notify all users of the Service of important announcements regarding the operation of the Service.

2. License Grant & Restrictions

RockyPointOwnerDirect hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by RockyPointOwnerDirect. You may not access the Service if you are a direct competitor of RockyPointOwnerDirect, except with RockyPointOwnerDirect’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You may use the Service only for your business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.

3. Taxes & Regulations

You herby agree that you are responsible for collecting and remitting any and all taxes. 

You further agree that you are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to the listing of your rental property and the conduct of your rental business, including but not limited to any and all laws, rules, ordinances, regulations or other requirements

Please be aware that RockyPointOwnerDirect.com is not a party to any rental transaction and assumes no liability for legal or regulatory compliance pertaining to rental properties listed on the Site.

4. Your Responsibilities

You are responsible for all activity occurring under your User account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify RockyPointOwnerDirect immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to RockyPointOwnerDirect immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another RockyPointOwnerDirect user or provide false identity information to gain access to or use the Service.

5. Account Information and Data

RockyPointOwnerDirect does not own any data, information or material that you submit to the Service in the course of using the Service (“Customer Data”). You, not RockyPointOwnerDirect, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and RockyPointOwnerDirect shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. In the event this Agreement is terminated (other than by reason of your breach), RockyPointOwnerDirect will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. RockyPointOwnerDirect reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and RockyPointOwnerDirect shall have no obligation to maintain or forward any Customer Data.

6. Intellectual Property Ownership

RockyPointOwnerDirect alone shall own all right, title and interest, including all related Intellectual Property Rights, in and to RockyPointOwnerDirect technology, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the RockyPointOwnerDirect technology or the Intellectual Property Rights owned by RockyPointOwnerDirect. The RockyPointOwnerDirect name, the RockyPointOwnerDirect logo, and the product names associated with the Service are trademarks of RockyPointOwnerDirect or third parties, and no

right or license is granted to use them.

7. Third Party Interactions

During use of the Service, you may enter into business with potential renters and choose to use RockyPointOwnerDirect dedicated payment platform. Any such use, and any terms, conditions, warranties or representations associated with such use, is solely between you and the applicable third-party. RockyPointOwnerDirect shall have no liability, obligation or responsibility for any interaction between you and any such third-party.

RockyPointOwnerDirect does not endorse any sites on the Internet that are linked through the Service. RockyPointOwnerDirect provides these links to you only as a matter of convenience, and in no event shall RockyPointOwnerDirect be responsible for any content, products, or other materials on or available from such sites.

RockyPointOwnerDirect provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services, and notably Stripe and PayPal.

8. Charges and Payment of Fees

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payments will be charged monthly unless otherwise mutually agreed upon. All payment obligations are non-cancelable and all amounts paid are non-refundable. You must provide

RockyPointOwnerDirect with valid credit card as a condition to signing up for the Service.

9. Your Data

You agree that RockyPointOwnerDirect may hold on its databases the information you provide about yourself, your agency and your property during registration for our service. This includes but is not limited to your name, email address, phone number(s), and address of residence. You agree RockyPointOwnerDirect may store or transmit this data as it sees fit to provide and improve our service.

10. Billing and Renewal

RockyPointOwnerDirect charges and collects in advance for the Pequeño Accounts and the Más Grande Accounts. RockyPointOwnerDirect will automatically renew and bill your credit card or issue an invoice for each transaction. The renewal charge will be equal to the then-current license fee in effect during the prior term, unless RockyPointOwnerDirect has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other services will be charged on an as-quoted basis. RockyPointOwnerDirect’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

You agree to provide RockyPointOwnerDirect with complete and accurate billing and contact information. This information includes your legal name or company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, RockyPointOwnerDirect reserves the right to terminate your access to the Service in addition to any other legal remedies. Unless RockyPointOwnerDirect in its discretion determines otherwise, entities will be billed in U.S. dollars and be subject to either U.S. or non-U.S. payment terms and pricing schemes at the discretion of RockyPointOwnerDirect. If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.

11. Non-Payment and Suspension

In addition to any other rights granted to RockyPointOwnerDirect herein, RockyPointOwnerDirect reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 2.0% per month on any outstanding balance, or the maximum permitted by law, whichever is greater, plus all expenses of collection. You will continue to be charged for User licenses during any period of suspension. If you or RockyPointOwnerDirect initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that RockyPointOwnerDirect may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. RockyPointOwnerDirect reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that RockyPointOwnerDirect has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.

12. Termination upon Expiration

This Agreement commences on the Effective Date.

– For RockyPointOwnerDirect Always Free Account licenses, the term is indefinite and may be terminated at any time in RockyPointOwnerDirect’s sole discretion. – For all other types, the Initial Term will be as you elect during the online subscription process or as otherwise mutually agreed upon in an Order Form, commencing on the date you agree to pay for the Service by completing the online subscription form, or on the start date of the Order Form. Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term at RockyPointOwnerDirect’s then current fees.

Either party may terminate this Agreement, effective only upon the expiration of the then current License Term, by notifying the other party in writing at least five (5) business days prior to the date of the invoice for the following term. In the event this Agreement is terminated (other than by reason of your breach), RockyPointOwnerDirect will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. You agree and acknowledge that

RockyPointOwnerDirect has no obligation to retain the Customer Data, and may delete such Customer Data, more than 30 days after termination.

13. Termination for Cause

Any breach of your payment obligations or unauthorized use of the RockyPointOwnerDirect Technology or Service will be deemed a material breach of this Agreement. RockyPointOwnerDirect, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, RockyPointOwnerDirect may terminate a free account at any time in its sole discretion. You agree and acknowledge that RockyPointOwnerDirect has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.

14. Indemnification

You shall indemnify and hold RockyPointOwnerDirect, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim arising from the breach by you

or your Users of this Agreement.

RockyPointOwnerDirect shall have no indemnification obligation, and you shall indemnify RockyPointOwnerDirect pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products, service, hardware or business process(s), especially but not limited to the use of a third-payment payment processor via RockyPointOwnerDirect dedicated platform.

15. Disclaimer of Warranties

RockyPointOwnerDirect make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content. RockyPointOwnerDirect does not represent or warrant that (a) the use of the service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (e) errors or defects will be corrected, or (f) the service or the server(s) that make the service available are free of viruses or other harmful components. The service and all content is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by RockyPointOwnerDirect.

16. Internet Delays

RockyPointOwnerDirect’s services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. RockyPointOwnerDirect is not responsible for any delays, delivery failures, or other damage resulting from such problems.

17. Limitation of Liability

In no event shall either party’s aggregate liability exceed the amounts actually paid by and/or due from you in the twelve (12) month period immediately preceding the event giving rise to such claim. In no event shall either party be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this service, including but not limited to the use or inability to use the service, or for any content obtained from or through the service, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are being sought have been previously advised of the possibility of such damages.

18. Notice

RockyPointOwnerDirect may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in RockyPointOwnerDirect account information. Such notice shall be deemed to have been given upon the expiration of 12 hours after sending via email. You may give notice to RockyPointOwnerDirect (such notice shall be deemed given when received and acknowledged by RockyPointOwnerDirect) at any time via email at Admin@RockyPointOwnerDirect.com

19. Modification to Terms

RockyPointOwnerDirect reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

20. General

With respect to U.S. Customers and Non-U.S. Customers, this Agreement shall be governed by Arizona law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Phoenix, Arizona.

No joint venture, partnership, employment, or agency relationship exists between you and RockyPointOwnerDirect as a result of this agreement or use of the Service.

The failure of RockyPointOwnerDirect to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by RockyPointOwnerDirect in writing.

This Agreement, together with any applicable Order Form, comprises the entire agreement between you and RockyPointOwnerDirect and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

Questions or Additional Information: If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to Admin@RockyPointOwnerDirect.com