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Reso 2018-2820
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Reso 2018-2820
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Last modified
6/14/2018 2:57:39 PM
Creation date
5/22/2018 4:02:29 PM
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Template:
CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2018-2820
Date (mm/dd/yyyy)
05/17/2018
Description
Auth City Manager to Neg. & Enter into Agmt w/Host Compliance for Short-Term Rental Compliance
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4111 HOST COMPLIANCE, LLC <br /> HOST COMPLIANCE Short-term Rental Compliance Monitoring and Associated Services <br /> HCSA-5-5-2016-P <br /> 2.5 Third Party Requests. <br /> 2.5.1 "Third Party Request" means a request from a third party for records relating to Customer's <br /> or an End User's use of the Services including information regarding an End User. Third <br /> Party Requests may include valid search warrants, court orders, or subpoenas, or any other <br /> request for which there is written consent from End Users permitting a disclosure. This <br /> contract shall be subject to Florida Public Records Laws, pursuant to Section 119, Florida <br /> Statutes. <br /> 2.5.2 Customer is responsible for responding to Third Party Requests via its own access to <br /> information policies. Customer will seek to obtain information required to respond to Third <br /> Party Requests and will contact Host Compliance only if it cannot obtain such information <br /> despite diligent efforts. <br /> • 2.5.3 If Host Compliance receives a Third Party Request, Host Compliance will make reasonable <br /> efforts,to the extent allowed by law and by the terms of the Third Party Request,to: (A) <br /> promptly notify Customer of Host Compliance's receipt of a Third Party Request; (B)comply <br /> with Customer's reasonable requests regarding efforts to oppose a Third Party Request; and <br /> (C) provide Customer with information or tools required for Customer to respond to the <br /> Third Party Request (if Customer is otherwise unable to obtain the information). <br /> 2.5.4 If Customer receives a Third Party Request for access to the Services, or descriptions, <br /> drawings, images or videos of the Services' user interface, Customer will make reasonable <br /> efforts, to the extent allowed by law and by the terms of the Third Party Request,to: (A) <br /> promptly notify Host Compliance of Customer's receipt of such Third Party Request; (B) <br /> comply with Host Compliance's reasonable requests regarding efforts to oppose a Third <br /> Party Request; and (C) provide Host Compliance with information required for Host <br /> Compliance to respond to the Third Party Request. If Host Compliance fails to promptly <br /> respond to any Third Party Request,then Customer may, but will not be obligated to do so. <br /> 3.0 Intellectual Property Rights; Confidentiality <br /> 3.1 Reservation of Rights. Except as expressly set forth herein,this Agreement does not grant (i) Host <br /> Compliance any intellectual Property Rights in the Customer Data or(ii) Customer any Intellectual <br /> Property Rights in the Services, any other products or offerings of Host Compliance, Host Compliance <br /> trademarks and brand features, or any improvements, modifications or derivative works of any of the <br /> foregoing. "Intellectual Property Rights" means current and future worldwide rights under patents, <br /> copyright,trade secret, trademark, moral rights and other similar rights. <br /> 3.2 Suggestions. Host Compliance may, at its discretion and for any purpose, use, modify, and incorporate <br /> into its products and services, and license and sub-license, any feedback, comments, or suggestions <br /> Customer or End•Users send Host Compliance or post in Host Compliance' online forums without any <br /> obligation to Customer. <br /> 3.3 Confidential Information. Customer understands and agrees that it will not reveal, publish or <br /> otherwise disclose to any person, firm or corporation, without written authorization of Host <br /> www.hostcompliance.com 2 735 Market Street Floor 4 <br /> Tel: (754) 888-HOST (4678) San Francisco, CA 94103 <br />
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