By engaging with stayinsnowmassvillage.com, its associated domains, subdomains, mobile versions, or any platform under our management where this set of guidelines is presented (hereafter collectively referred to as "the Platform"), you acknowledge your acceptance of these binding guidelines and our Privacy Policy. These documents together are referred to as the "Agreement". Please review the Agreement thoroughly as it contains crucial information regarding your legal rights, including clauses about liability limitations and conflict resolution through arbitration instead of in court.
Your booking or utilization of the Platform, including any of its affiliate sites or subdomains, is conditioned upon your acceptance of the terms and conditions present on the Platform where your booking is completed, not on any affiliate site where the property might be listed. In case of discrepancies between the Platform's terms and conditions and those of the affiliate site where the property was found or the booking was initiated, the terms at the site of booking completion prevail. Access or use of the Platform is not authorized without full agreement to the Agreement and any linked terms. The term "use" or "access" within this Agreement explicitly includes all interactions with or via the Platform, including cached versions, and any direct or indirect access or use of information from the Platform, however obtained.
The Platform is operated by Stay In Snowmass Village, or an affiliate, and the entity in control of the Platform is herein referred to as " Stay In Snowmass Village ", "we", "us", or "our". The term "you" applies to any user who browses the Platform, lists a property, requests a booking, or interacts with our customer service agents. It is your responsibility to carefully read through all the terms, which form a legally enforceable agreement between you and Stay In Snowmass Village. Platform usage is only permitted to individuals who are at least 18 years old and have the capacity to enter into legally binding contracts. We do not collect information from individuals under the age of 18. If you access the Platform via another website or link, the Agreement governs your use of the Platform.
Please be mindful of the following detailed provisions which are part of the Agreement, and refer to the complete Agreement for a full understanding of your rights and obligations.
1. The Site is a Platform and We are Not a Party to any Rental Agreement or other Transaction Between Owner and Guest
We encourage all individuals interacting with our platform to practice diligence and responsibility in their engagement, be it listing or leasing a property. Our platform merely facilitates the connection between property owners or managers, referred to as "Owners," and those seeking to rent these properties, referred to as "Guests". We do not possess, control, or engage in agreements for any listed rental property. Our platform serves as a digital marketplace where Owners can present and lease their vacation or temporary rental properties to Guests in various pricing models. Some Owners may have their offerings initially posted on different platforms, which are subsequently syndicated on our platform. While our platform may enable online reservations and offer additional tools or services to facilitate communication and transactions among users, we are not participants in the contractual agreements formed between Guests and Owners. Responsibility for the quality, condition, safety, legality, and accuracy of listings, as well as the capacity of Owners to lease and Guests to contract such properties, rests entirely with the respective users. Users must recognize that engaging in property rentals may require entering separate agreements or terms, and Stay In Th Mountains or its related entities may impose further conditions on your transactions.
Users are responsible for adhering to all applicable laws, regulations, and rules in their use of our platform and in any transactions made via our platform. Owners must comply with all relevant legislation, including but not limited to taxation, payment processing, data protection, licensing, zoning, safety, and anti-discrimination requirements. It is important to note that although we are not involved in rental transactions and thus not liable for legal compliance regarding listed properties, we may be legally compelled to share information related to listings to comply with governmental inquiries, legal proceedings, or investigations, which we will do at our discretion.
Owners who collect payment information from Guests are expected to manage and protect this data in line with all legal and regulatory standards and best practices.
We advise travelers to investigate their intended destinations and review any travel advisories or warnings issued by the United States Government. Despite our efforts to inform users of potential fraudulent or illegal activities and to take precautionary measures, we are not liable for any failure of such communications or measures to prevent harm or impact.
2. Limited License for Platform Use
Users are provided a conditional, cancellable, non-exclusive right to access our platform and its resources strictly for legitimate activities such as advertising a property, seeking a property, engaging in transactions for products or services offered, or using any interactive services provided by the platform. This right is subject to adherence to these Terms. Any usage beyond these stated purposes, not aligned with these Terms, or not expressly authorized by us in written form is strictly forbidden.
3. Prohibited Activities on the Platform
The permission granted to you for using the Platform is limited strictly to the activities expressly detailed within these Terms. This permission does not extend to any form of data harvesting, accumulation, replication, scraping, duplication, display, or any derivative use of the Platform. It also excludes any usage of data extraction tools, robots, spiders, or similar mechanisms without our direct consent in writing, except for general internet search engines that utilize such tools solely to direct hyperlinks to the Platform, provided they operate from a consistent IP address or range and follow our directives for robots. Search engines or services offering classified listings or rental advertisements, or any service competing with our offerings, are not included in this exception.
You are bound by the agreement not to engage in any of the following unauthorized activities:
· Commercial exploitation of the Platform or its contents, except as permitted for Owners in compliance or under an authorized software license from the Platform.
· Utilizing the Platform or its tools for soliciting or booking rentals not officially listed or outside the approved payment structures.
· Copying, displaying, republishing, distributing, or transmitting content from the Platform in any form.
· Framing or employing framing techniques to enclose any content of the Platform.
· Deep linking to any part of the Platform without explicit permission.
· Modifying or creating derivatives from any content on the Platform.
· Reverse engineering any aspect of the Platform.
· Selling, sublicensing, or otherwise transferring any rights to the content or access to the Platform.
· Misusing the Platform's inquiry or booking functions.
· Transmitting false, misleading, fraudulent, or illegal communications or content.
· Infringing on the rights of the Platform, other users, or third parties.
· If you identify or encounter any content, activity, or communication through the Platform that may violate these restrictions or any other provision of these Terms, you are encouraged to inform us immediately.
4. Ownership Rights and Content Usage
All content and information on the Platform are protected under copyright laws. You agree to respect all copyright notices and restrictions related to Platform content. Unauthorized storage, access, or use of the Platform's content for purposes other than noncommercial personal use is strictly prohibited without our consent. For legitimate rental inquiries, you are allowed to download and print content from the Platform, provided you do not alter it and maintain all copyright notices.
5. Email Addresses, Privacy, and Data Handling
By providing your email and other data, you consent to be included in our communications and user database. You may receive promotional messages from the Platform or our affiliates, with the option to opt-out at any time. Our Privacy Policy details our data handling practices, and by using the Platform, you acknowledge and agree to these terms. We cannot guarantee the verification of each user's identity on the internet. We encourage direct communication between users through the available tools on the Platform but remind you that this does not ensure the identity of the person you're communicating with. You agree to maintain the confidentiality of your account and password information and to inform us of any unauthorized use.
6. Communication Restrictions and Personal Information Use
You are only authorized to use other users' personal information obtained from the Platform for Platform-related communications, services, and transactions. Unauthorized use or disclosure of such information is prohibited.
7. Software Available on the Site.
The Site is controlled and operated by Stay In the Mountains or an affiliate of Stay In The Mountains 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 on any other site operated by Stay In the Mountains or an affiliate of Stay In the Mountains in the United States may be downloaded or otherwise exported or re-exported to any country to which the United States has embargoed goods, or (ii) 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 Stay In the Mountains, an affiliate of Stay In the Mountains 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 and 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.
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8. 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.
9. Limitation of Liability.
IN NO EVENT WILL Stay In Snowmass Village, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE “SITM GROUP”), OR ANY THIRD-PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY SITE OF A OWNER OF THE HOMEAWAY 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, OR ANY THIRD PARTY PROVIDER PROVIDES, 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, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVES A FEE IN CONNECTION THEREWITH) 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.
IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY OWNER OF THE SITM GROUP, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE TOTAL AMOUNT OF FEES YOU PAY TO US IN CONNECTION WITH ANY TRANSACTION FROM WHICH A DISPUTE ARISES.
10. Disclaimers.
THE SITE, INCLUDING ALL CONTENT, 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, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON 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 RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THAT MAY BE OFFERED ON THE SITE) THE SAFETY OF ANY TRANSACTION, RENTAL 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.
11. 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 PROVIDER 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 OWNER OF THE HOMEAWAY 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. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH OWNER OF THE SITM 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 WITHTOUT 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.
12. Miscellaneous
a. Governing Law and Venue: This Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles. Any legal suit, action, or proceeding arising out of or related to this Terms & Conditions or the transactions contemplated hereby shall be instituted exclusively in the courts of Pitkin County, Colorado. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
b. Dispute Resolution: In the event of any dispute, claim, question, or disagreement arising from or relating to this Terms & Conditions or the breach thereof, the parties hereto shall first endeavor to settle the dispute through good faith negotiation. If the dispute cannot be settled through negotiation within thirty (30) days, the parties agree to attempt in good faith to settle the dispute by mediation administered by one mediator through the American Arbitration Association (AAA) before resorting to arbitration. The mediation shall be conducted under the then-current AAA mediation rules. Should mediation not result in a resolution, the dispute shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted by one arbitrator mutually agreed upon by the parties, and if the parties cannot agree on an arbitrator, the arbitrator shall be appointed by the AAA. The location of the arbitration shall be in Pitkin County, Colorado, unless both parties agree to a different location in writing. The parties agree that the decision or award resulting from such arbitration shall be final and binding upon them, and that this arbitration clause shall be specifically enforceable in any court of competent jurisdiction. The prevailing party in any arbitration or legal proceeding related to this Terms & Conditions shall be entitled to recover its reasonable attorneys' fees and costs.
c. Force Majeure. Neither party shall be held liable for any failure to perform its obligations under this Terms & Conditions if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including but not limited to, acts of God, natural disasters, pandemics, terrorism, war, government action, or any other event that is deemed a force majeure. Upon the occurrence of any such event, the affected party shall notify the other party as soon as reasonably possible and shall make all reasonable efforts to resume performance of its obligations as soon as practicable.
d. Relationship of the Parties. The parties hereto are independent contractors and not employees of each other. Nothing in this Terms & Conditions, and no course of dealing between the Parties, shall be construed to create or imply an employment, agency, partnership, or joint venture relationship between the Parties. Neither party shall be entitled to enter into any Terms & Conditions or otherwise bind the other party except as specifically authorized hereunder and/or as pre-approved by such other party in advance.
e. Attorneys' Fees. If any legal action is commenced related to, or arising out of, this Terms & Conditions, the prevailing party in such action shall recover all reasonable out-of-pocket costs actually incurred in connection with defending or prosecuting the action, including, without limitation, all reasonable and out-of-pocket court or arbitration costs or mediation costs and reasonable expert fees and outside attorneys' fees.
f. Severability. If any clause or portion of this Terms & Conditions shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining clauses or portions shall remain in full force and effect.
g. Assignment. Stay In The Mountains reserves the right to assign, transfer, or delegate any of its rights or obligations under this Terms & Conditions freely without the consent of the Brand Ambassador. The Brand Ambassador may not assign this Terms & Conditions, nor any right or interest herein, in whole or in part, without the express written consent of Stay In The Mountains. Any purported assignment by Owner that is not expressly permitted by this clause shall be null and void.
h. Waiver. No waiver of any term or right in this Terms & Conditions shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of either party to enforce any clause of this Terms & Conditions shall not be construed as a waiver or modification of such clause, or impairment of its right to enforce such clause thereafter.
i. Entire Terms & Conditions; Modification. This Terms & Conditions is the entire agreement with respect to its subject matter and supersedes any prior agreement or communications whether written or oral. No representation, inducement, or promise has been made or relied upon by either party, unless expressly set forth in these Terms & Conditions. This Terms & Conditions may be modified only by a written amendment signed by authorized representatives of both parties. To the extent that the terms are inconsistent with the terms of any attachment, the terms hereof shall govern, unless specifically set forth to the contrary therein.
j. Survival. The provisions which are intended to survive any expiration or termination shall so survive, including without limitation, confidentiality, limitation of liability, representations & warranties, and indemnifications.
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