TERMS AND CONDITIONS

Welcome to www.diraleads.com, as operated by DIRALEADS, Inc. (“Company” or “we”). Our website and mobile applications allow companies or individuals to list and find properties for short term rent (collectively the "Service") in the United States, Europe & Israel. The Company makes this Service available to users of the Service subject to these terms of use (the "Terms"). These Terms represent a legal contract between you, a user of the services (“you”), and The Company, regarding your access to and use of the Service.

1. USAGE/ ELIGIBILITY

You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules, and regulations. If you violate any restrictions in these terms, you agree to indemnify DIRALEADS for any losses, costs or damages, including reasonable legal fees, incurred by DIRALEADS in relation to, or arising out of, such a breach.

2. ACCEPTANCE OF THE TERMS

Please read these Terms carefully before you start to use the Service. By using the Service, you accept and agree to be bound and abide by these Terms, our Privacy Policy and any additional posted guidelines, rules and terms applicable to specific services, features, and downloadable applications, which may be posted from time to time (collectively, the "Guidelines"). Our Privacy Policy and such Guidelines are incorporated by reference into these Terms. If you do not agree to these Terms, the Privacy Policy, or the Guidelines, you must not access or use the Service.

3. CONSENT TO AUTO-DIALED TEXT MESSAGES AND PHONE CALLS.

You agree that the Company may contact you by auto-dialed text messages and phone calls with information about the Service, your account, and marketing messages, even if your phone number is on a do-not-call list. You are not required to provide this consent as a condition of purchasing anything or using the Service. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.

4. CONTACTING US

If you have any questions or concerns relating to the Service or these Terms, you may contact us at: [email protected]
All notices of copyright infringement claims should be sent to the copyright agent designated under Section 27 (Copyright Notice; Digital Millennium Copyright Act).

5. CHANGES TO THESE TERMS AND THE SERVICE

The Company may amend these Terms. All changes are effective immediately when we post them. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes. However, any changes to Section 8 (Dispute Resolution and Arbitration) may not apply if you notify us in accordance with that section.
We reserve the right to withdraw, amend, or discontinue any part of our Service in our sole discretion without notice. The Service may be out of date and the Company makes no commitment to update materials on the Service.

6. AGE AND GEOGRAPHIC RESTRICTIONS

The Service is offered and available to users who are 18 years of age or older. By using this Service, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet all of these requirements, you must not access or use the Service. The owner of the Service is based in the United States. We provide this Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your initiative and at your own risk, and you are responsible for compliance with local laws.

7. PRIVACY

Please read the Privacy Policy carefully for details relating to what information and data Company collects from you, and how we use that information and disclose it to third parties.

8. DISPUTE RESOLUTION AND ARBITRATION

Please read the following arbitration provision carefully. It requires you to arbitrate certain disputes with the Company arising out of these Terms, the Service, or any other product or service of the Company (“Disputes”) and limits the manner in which you can seek relief from us. Both you and the Company acknowledge and agree that for purposes of any dispute, the Company’s officers, directors, employees, agents and independent contractors (“Personnel”) are third-party beneficiaries of these Terms and that upon your acceptance of these Terms, the Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.

Informal Dispute Resolution Before filing a claim against the Company, please contact us at the contact information under Contacting Us. We'll try to resolve the Dispute informally. If a Dispute is not resolved within 15 days after submission, you or the Company may bring a formal arbitration proceeding.

We Both Agree To Arbitrate You and the Company both agree to resolve any Disputes through final and binding arbitration, except as set forth under the exceptions below.

Governing Law of Arbitration Terms Notwithstanding anything to the contrary in these Terms, you and the Company agree that these arbitration terms evidence a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern the interpretation and enforcement of these arbitration terms and proceedings pursuant thereto. It is the intent of the parties that the FAA and JAMS Rules preempt all state laws to the fullest extent permitted by law. If the FAA and JAMS Rules are found not to apply to any Disputes that arise under these arbitration terms or the enforcement thereof, then that Dispute is to be resolved under the laws of the state of New York.
If you are a User from Europe & Israel, the applicable governing law shall be the laws of the United States where our company is located to restrict any conflict of law provisions.

Location of Arbitration The arbitration will be held in New York, or the United States county where you live or work, or any other location we agree to. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person.

No Class Actions No Jury Trial: Any arbitration under these Terms will take place on an individual basis. Class arbitrations, class actions, and collective, consolidated, or representative actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING (A) THE RIGHT TO TRIAL BY JURY AND (B) THE RIGHT TO PARTICIPATE IN A CLASS ARBITRATION, CLASS ACTION AND COLLECTIVE, CONSOLIDATED AND REPRESENTATIVE ACTIONS.One Year to Bring Action. YOU AGREE THAT ANY CAUSE OF ACTION (INCLUDING ARBITRATION PROCEEDINGS) BROUGHT BY YOU ARISING OUT OF OR RELATED TO A DISPUTE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Commencing an Arbitration Proceeding: To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the Company at:
[email protected]

9. ACCOUNT INFORMATION In order to use the Service, you will have to create an account through our online registration form When creating an account, you must provide true, accurate, current, and complete information. You also must ensure that this information is kept accurate and up-to-date at all times. You agree that all information you provide to register with this Service is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Password. When you register you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account or password), you should immediately notify the Company. You may be liable for the losses incurred by the Company or others due to any unauthorized use of your account.
You acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your user name, password, or other security information. We have the right to disable any username, password, or other identifiers, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.

10. LISTINGS All free listings of properties for short term rentals on the site will remain free for an indefinite period. The company shall charge you for a price should the user choose to upgrade to a Premium listing features/fast-tracked advert placement of services. The prices and the terms of payment for a listing upgrade and entry in DIRALEAD are displayed at all times on this website, including the point where you choose to make a purchase. The subscriber understands and agrees that upon purchasing a listing for their properties, said listing will not automatically renew on the date of expiration so the listing needs to be renewed.

11. INTELLECTUAL PROPERTY RIGHTS The Service and its entire contents, features, and functionality (including all listings, information, software, text, displays, images, video, interactive and visual features, and audio, and the design, selection, and arrangement thereof) (“Company Materials”) are owned by the Company, its licensors, its business customers or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Company Materials are not owned by you.
These Terms permit you to use the Service only for your personal, non-commercial use.
You must not sell, license, reproduce, distribute, copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit any of the Company Material or otherwise make unauthorized use of the Service and Company Materials, except as follows: Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:
Modify copies of any Company Materials from the Service. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of these Terms, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any Company Materials is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

12. Trademarks Trademarks of the Company may be included within the Service. All trademarks, logos, and service marks found on the Service are the property of the Company or other third parties. You are not permitted to use such marks without the prior written consent of the Company or the third party that owns the respective mark.
The Company bears no responsibility or liability for and disclaims sponsorship of or affiliation with, any third-party marks uploaded to or displayed through the Service. The Company is generally unable to evaluate the merits of disputes regarding third-party marks and encourages users to resolve any such disputes directly.

12. PROHIBITED USES You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
Use the Service in any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries). Use the Service to exploit, harm, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise. Send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms. Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation. Impersonate or attempt to impersonate the Company, a Company employee, another user, a property company, or any other person or entity (including by using email addresses or screen names associated with any of the foregoing). Defame, harass, abuse, threaten, stalk, or defraud other users. Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service, or expose us or them to liability. Collect personal information about other users without their consent. Remove, circumvent, disable, damage or otherwise interfere with the Service’s security-related features, features that prevent or restrict the use or copying of any part of the Service, or features that enforce Service limitations. Attempt to gain unauthorized access to the Service, other user accounts, computer systems or networks connected to the Service through hacking, password mining, or any other means. Deep-link to the Service and you agree you will promptly remove any links that the Company finds objectionable in its sole discretion. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Modify, adapt, reproduce, translate, or create derivative works based upon the Service, except to the extent expressly permitted by applicable law notwithstanding this limitation. Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with the working of the Site or any other user's use of the Service, including their ability to engage in real-time activities through the Service. Use any robot, spider, or other automatic devices, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the website. Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms, without our prior written consent. Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful. Attack the Service via a denial-of-service attack or a distributed denial-of-service attack. Otherwise, attempt to interfere with the proper working of the Service.

14. FEEDBACK If you make suggestions or provide feedback to the Company on improving or adding new features to the Service, you assign the ownership in such suggestions and feedback to us without any compensation to you.

15. THIRD-PARTY SERVICES AND LINKS The Company may provide tools through the Service that enable you to export information to your devices. By using these tools, you agree that we may transfer such information accordingly and that you will not use such exported information other than for your personal,non-commercial use. Such third party services are not under our control, and we are not responsible for their use of your exported information.
When using the Service you will be exposed to content and links from a variety of sources, including property listings information that Company aggregates from third parties (e.g., property management companies) and information from service providers who may have products or services of interest to you based on your use of our Service (“Non-Company Content”). The Company is not responsible or liable for the accuracy, integrity, quality, legality usefulness, or safety of the Non-Company Content, or any loss incurred as a result of your use of any Non-Company Content, or any communications you have with any third-party provider of Non-Company Content, or any transaction you consummate with such third party (including any transactions relating to renting or purchasing housing units or other real estates), or any violation of the law (including violation of the Fair Housing Act) by any third-party provider of Non-Company Content. You should review any applicable terms and policies of such third parties who provide Non-Company Content.
You waive any legal or equitable rights or remedies you have or may have against the Company (and our officers, directors, agents, subsidiaries, and employees) with respect to any Non-Company Content.

16. RELEASE OF DISPUTES WITH THIRD PARTIES If you have a dispute with: (i) another user of the Service; (ii) the provider of any Non-Company Content (including a property management company); or (iii) any other third party arising in connection with your use of the Service, you release us (and our officers, directors, agents, subsidiaries, and employees) from all claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to expressly waive any rights you may have thereunder, as well as under any other statute or common law principles of similar effect.

17. TERMINATION You agree that the Company may suspend, disable, delete or terminate your account or your use of the Service at any time in its sole discretion, and you agree that the Company is not liable to you or any third-party for any such termination.
You may terminate these Terms at any time by closing your account (if you are a registered user) and discontinuing use of the Service.
In the event that these Terms are terminated, you will not register a new account under a different name.
Upon termination, all licenses granted by the Company herein will terminate.

18. INDEMNIFICATION You agree to indemnify, defend, and hold harmless the Company and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, agents, and representatives from and against losses, obligations, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of any third party claim relating to (i) your misuse of the Service or; (ii) your violation of these Terms; and (iii) your violation of the rights of any other person or entity. The Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim or proceeding upon becoming aware of it.

19. DISCLAIMERS NO IMPLIED WARRANTIES; AS-IS AND AS-AVAILABLE
THE SERVICE, COMPANY MATERIALS, AND NON-COMPANY CONTENT MADE AVAILABLE ON THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

AT YOUR OWN RISK YOU AGREE THAT YOUR ACCESS TO AND USE OF DATA THROUGH THE SERVICE (INCLUDING RSS FEEDS) AND ANY NON-COMPANY CONTENT ARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR USING SUCH DATA.

NO INTERRUPTION, ACCURACY, SECURITY AND SIMILAR WARRANTIES THE COMPANY DOES NOT WARRANT THAT (A) SERVICE, THE COMPANY MATERIALS, NON-COMPANY CONTENT, OR ANY OTHER INFORMATION OFFERED THROUGH THE SERVICE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) THE RESULTS OF USE OF THE SERVICE OR ANY NON-COMPANY CONTENT WILL BE SECURE OR RELIABLE. WE DISCLAIM ALL LIABILITY ARISING FROM YOUR RELIANCE ON NON-COMPANY CONTENT.

NO WARRANTIES AND NO LIABILITY FOR THIRD PARTY OFFERINGS THE COMPANY DOES NOT MAKE ANY WARRANTIES REGARDING THE TYPES OF LISTINGS YOU SEE OR THE ORDER OF THE LISTINGS THAT YOU SEE. THE ORDERING OF THE LISTINGS MAY BE BASED ON MANY FACTORS INCLUDING YOUR LOCATION, YOUR PREFERENCES, AVAILABILITY, AND FEES PAID BY THE PROPERTY OWNERS. THE COMPANY DOES NOT MAKE ANY WARRANTIES REGARDING THE PRODUCTS AND SERVICES THAT MAY BE OFFERED BY THIRD PARTIES OR THAT THE PROPERTY LISTINGS ARE AFFORDABLE OR A GOOD DEAL. THE COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM YOUR RELATIONSHIP WITH LANDLORDS, PROPERTY MANAGEMENT COMPANIES, OWNERS AND ANY OTHER THIRD PARTY COMPANIES THAT YOU MAY DEAL WITHIN CONNECTION WITH OUR SERVICE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. LIMITATION OF LIABILITY THE COLLECTIVE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES TO YOU UNDER THESE TERMS OR IN CONNECTION WITH THE SERVICE, IS ZERO DOLLARS ($0.00), REGARDLESS OF THE LEGAL THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
NONE OF THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA OR USE) ARISING UNDER THESE TERMS OR THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SERVICE, THE COMPANY MATERIALS, OR NON-COMPANY CONTENT, EVEN IF FORESEEABLE OR THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH EVENT, LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

21. COPYRIGHT NOTICE; DIGITAL MILLENNIUM COPYRIGHT ACT The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the website infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice after we have removed the material. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/. Notices and counter-notices should be sent to the Company’s Designated Copyright Agent at:
[email protected]
Please note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake may be subject to liability.

22. MISCELLANEOUS Entire Agreement These Terms, together with the Privacy Policy, are the entire agreement between the parties and supersede all prior and contemporaneous understanding and agreements, in each case on the subject matter hereof.
Independent Contractors The relationship of the parties hereunder is that of independent contractors, and these Terms will not be construed to imply that either party is the agent, employee, or joint venturer of the other.
Severability In the event that any provision of these Terms is held to be unenforceable, these Terms will continue in full force and effect without said provision and will be interpreted to reflect the original intent of the parties.
Assignment You may not assign these Terms without the prior written consent of the Company, and any prohibited assignment will be null and void. The Company may assign these Terms without restriction and any notice to you.
Waiver A waiver by either party of a breach of any provision of these Terms or the failure by either party to exercise any right hereunder will not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.