Terms and Conditions

Welcome to Luxury Mountain Vacation Rentals. These Terms and Conditions (the "Terms and Conditions") are an agreement between you and Luxury Mountain Vacation Rentals, LLC, an Iowa limited liability company ("Luxury Mountain Vacation Rentals"). The www.luxurymountainvacationrentals.comwebsite (the "Site") and the products, tools and services offered thereby (each a "Service", and together the "Services") are owned and operated by Luxury Mountain Vacation Rentals. The Terms and Conditions apply to your use of our Services. Please read these Terms and Conditions carefully before you enter the Site. In these Terms and Conditions, "you" or "your" means any person or entity using the Service. Unless otherwise stated, "we" or "our" will refer collectively to Luxury Mountain Vacation Rentals and its subsidiaries, affiliates, directors, officers, members, employees, agents and contractors.

By accessing or using the Site and its related Services and tools, you agree to the Terms and Conditions, the LMVR Privacy Policy, and any documents incorporated by reference herein or therein, whether you are registered with Luxury Mountain Vacation Rentals (a "Member") or are simply browsing or accessing the Site (a "Visitor"). The term "User" refers to a Member or a Visitor. You further agree that these Terms and Conditions form a legally binding contract between you and Luxury Mountain Vacation Rentals. Do not use the Services if you do not agree with these terms and conditions.

These Terms and Conditions were last updated on September 20, 2013 (the "Effective Date").

1. How the Site Works: Our Site Is An Online Platform and Marketplace.

The Site and Services can be used to facilitate the listing and booking of vacation rental properties (each, a "Property", and collectively, "Properties"). Such Properties are included in listings of Properties available for rent via the Site or Services ("Listings") by owners and/or authorized property managers of Properties ("Hosts") to Users who request a booking of a Property ("Guests"). You may view Listings and book a Property as an unregistered Visitor to the Site and Services; however, to create a Listing, you must first register to create an Account (defined below).

As stated above, Luxury Mountain Vacation Rentals makes available a venue, platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Properties. We may or may not own or operate any rental properties, including, but not limited to, houses, apartments, condominium units, hotel rooms, motel rooms, other lodgings or Properties, nor are we always a provider of Properties, including, but not limited to, houses, apartments, condominium units, hotel rooms, motel rooms, other lodgings or Properties and we may or may not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control Properties, including, but not limited to, houses, apartments, condominium units, hotel rooms, motel rooms, other lodgings or Properties or transportation or travel services to and from any such properties.

We are may or may not a party to any transaction between Hosts and Guests, even though we may from time to time provide tools that relate to a booking of a Property, such as a tool to enable a Guest to enter into a transaction to rent a specific Property directly from a Host (a "Booking"). As a result, any part of an actual or potential transaction between a Guest and a Host, including the quality, condition, safety or legality of the Property advertised, the truth or accuracy of the Listings (including the content thereof or any Property or guest book review), the ability of Hosts to rent a Property or the ability of Guests to pay for Properties are solely the responsibility of each User. You acknowledge and agree that you may be required to enter into a separate agreement and/or waiver prior to making a Booking or purchasing a product or Service and such an agreement may place additional restrictions on your booking, product or service. Our role is solely to facilitate the availability of the Site and the Services. Similarly, Luxury Mountain Vacation Rentals is usually not a contracting agent or representative of any Host.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENTED TO BE USED TO FACILITATE THE BOOKING OF PROPERTIES. LUXURY MOUNTAIN VACATION RENTALS CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY PROPERTIES. LUXURY MOUNTAIN VACATION RENTALS IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO, ANY AND ALL LISTINGS AND PROPERTIES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE HOST'S AND GUEST'S OWN RISK.

2. Eligibility

You must be at least eighteen (18) years of age to use the Site and the Services. By using our Site and/or Services, you certify that you are at least eighteen (18) years of age, that all registration information you submit is truthful and accurate, that you will maintain the accuracy of such information, that your use of the Site and Services does not violate any applicable law or regulation, and that you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions or if you are not at least eighteen (18) years of age, please immediately exit the Site. Any use of the Services by anyone under eighteen (18) is unauthorized, unlicensed and in violation of these Terms and Conditions.

3. Account Registration

(a) In order to access certain features of the Site and/or Service, and to creating a Listing, you must open an account with Luxury Mountain Vacation Rentals, which means you must register with Luxury Mountain Vacation Rentals on the Site by creating an account (an "Account"). You may not have more than one (1) active Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

(b) This Agreement will remain in full force and effect while you access or use the Site or the Services or have an Account. You may terminate your Account at any time for any reason by following the instructions on the Cancel Account feature of the Services or by calling customer service. Luxury Mountain Vacation Rentals may terminate your Account for any reason at any time, with or without cause, without prior notice and without liability. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event we terminate these Terms and Conditions, or your access to our Site or Services, or deactivate or cancel your Account, you will remain liable for all amounts due under these Terms and Conditions. Please note that if your Account is cancelled, whether by you or by us, we do not have an obligation to delete or return to you any User Content (as hereinafter defined) you have posted to the Site or Services.

Even after your Account is terminated, certain provisions of this Agreement will remain in effect, including Section 3 (Account Registration); Section 6 (Specific Prohibited Uses); Section 8 (User Content and Submissions); Section 11 (User Disputes); Section 12 (Disclaimers); Section 13 (Limitation on Liability); Section 14 (Indemnification); Section 18 (Arbitration); Section 19 (Other Terms); Section 21 (Entire Agreement); and Section 22 (Assignment).

(c) As part of the Account registration process, you may be asked to select a username and password. You are responsible for ensuring the confidentiality of your username and password. You agree not to use the Account, username, or password of another Member at any time. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any and all activities or actions conducted through your Account, including, but not limited to purchases, whether or not you have authorized such activities or actions, and whether or not by you or anyone else. You will immediately notify us upon becoming aware of any unauthorized use of your Account.

4. Use of Luxury Mountain Vacation Rentals Services and Content

Subject to your compliance with these Terms and Conditions, Luxury Mountain Vacation Rentals grants you a limited, non-exclusive, non-transferable license to (i) view and access a single copy of the content available on or from the Site solely for the purpose of advertising a Property, searching for a Property, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or Services offered on this Site, participating in an interactive area hosted on the Site or for any other purpose clearly stated on the Site, all in accordance with these Terms and Conditions, and (ii) access any User Content to which you are permitted access, solely for your personal and non-commercial purposes. Any use of the Site or Services that is not for one of these purposes or otherwise in accordance with these Terms and Conditions or as otherwise authorized by us in writing is expressly prohibited. As part of the Property inquiry process, for your own personal, noncommercial use and not for further distribution, you may download, display, and/or print one copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form displayed on the relevant portion(s) of the Site that you desire to download, display or print. The contents of the Site, such as text, graphics, images, logos, button icons, software and other Luxury Mountain Vacation Rentals content (collectively, "Luxury Mountain Vacation Rentals Content" or "our Content"), are protected under both United States and foreign copyright, trademark and other laws. All Luxury Mountain Vacation Rentals Content is the property of Luxury Mountain Vacation Rentals or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content, including, but not limited to, Luxury Mountain Vacation Rentals Content and User Content, on the Site is the exclusive property of Luxury Mountain Vacation Rentals and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the Luxury Mountain Vacation Rentals Content may violate these laws, and is strictly prohibited. You have no right to assign or sublicense the license rights granted in this Section.

You agree not to sell or modify the Luxury Mountain Vacation Rentals Content or reproduce, display, publicly perform, distribute, or otherwise use the Luxury Mountain Vacation Rentals Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Site, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Luxury Mountain Vacation Rentals or its licensors, that dilutes the strength of Luxury Mountain Vacation Rentals' or its licensor's property, or that otherwise infringes Luxury Mountain Vacation Rentals' or its licensor's intellectual property rights. You further agree to in no other way misuse Luxury Mountain Vacation Rentals Content that appears on this Site or in the Services. The use of the Luxury Mountain Vacation Rentals Content on any other Site or in a networked computer environment for any purpose without our prior express permission is prohibited. Any code that Luxury Mountain Vacation Rentals creates to generate or display any Luxury Mountain Vacation Rentals Content or the pages making up the Site is also protected by Luxury Mountain Vacation Rentals' copyright and you may not copy, adapt, modify, decompile, disassemble or reverse engineer such code.

You will not adapt, broadcast, copy, distribute, license modify, prepare derivative works based upon, publicly display, publicly perform, sell, submit, transmit, use or otherwise exploit the Site, Services, Luxury Mountain Vacation Rentals Content, or User Content, except as expressly permitted in these Terms and Conditions. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Luxury Mountain Vacation Rentals or its licensors, except for the licenses and rights expressly granted in these Terms and Conditions.

5. Site Restrictions

You may not use the Site to transmit, post, distribute, store or destroy material, including without limitation, the Luxury Mountain Vacation Rentals Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

You are also prohibited from violating or attempting to violate the security of the Site or the Services, including without limitation, the following activities: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other User of the Site, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability.

6. Specific Prohibited Uses

The Services, the Luxury Mountain Vacation Rentals Content and other features of the Site may be used only for lawful purposes by individuals for advertising a Property, searching for a Property, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or Services offered on this Site, participating in an interactive area hosted on the Site, or for any other purpose clearly stated on the Site, all in accordance with these Terms and Conditions, and for accessing any User Content to which you are permitted access, solely for your personal and non-commercial purposes. Luxury Mountain Vacation Rentals specifically prohibits any other use of the Site, and You agree not to do any of the following: (a) use the Site for any purpose other than advertising a Property, searching for a Property, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or Services offered on this Site, participating in an interactive area hosted on the Site or for any other purpose clearly stated on the Site, all in accordance with these Terms and Conditions; (b) post, transmit or submit to the Site, or use the Site to transmit or post, any incomplete, false, fraudulent, misleading or inaccurate User Content or information, including making any reservation or inquiry under false pretenses, or information which is not Your own, or take any action that may be considered phishing or that would give rise to criminal or civil liability; (c) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to any other User(s) of the Site; (d) delete or revise any material posted by any other person or entity; (e) take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure; (f) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate, monitor or search the Site, or copy or keep a database copy of the content of any portion of the Site; provided, however, that a limited exception to the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. For purposes hereof, "General purpose internet search engines" do not include a Site or search engine or other service that provides classified listings or property rental advertisements, or any subset of the same or which is in the business of providing vacation property rental services or other services that compete with us; (g) decipher, decompile, disassemble, modify, translate into any language or computer language or reverse engineer any of the software comprising or in any way making up a part of the Site, or create derivative works from, any content on any part of the Site or Services; (h) aggregate, copy or duplicate in any manner any of the Luxury Mountain Vacation Rentals Content or information available from the Site, without express written consent from Luxury Mountain Vacation Rentals; (i) frame, link or deep link to any Luxury Mountain Vacation Rentals Content or information available from the Site, without our express written permission; (k) offer or list, as a Host, any Properties that you do not yourself own or have proper permission to rent as a residential or other property; (l) offer, as a Host, any Property that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement; (m) use our Site or Services if you are not able to legally form contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our Site or Services; (n) circumvent or manipulate our fee structure, the billing process, or any fees owed to us; or (o) harvest or otherwise collect information about Users, including, but not limited to, email addresses, without their consent.

No User may copy, transfer or use any names, photos, links, text, data or other content belonging to or posted by Luxury Mountain Vacation Rentals or other Users for the purpose of selling, engaging in, marketing or promoting any other product or service. Illegal or unauthorized uses of the Site or Services, including collecting usernames, email addresses or other personally identifiable information of Users by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking or deep linking to the Site, or any other use not expressly permitted in this Agreement, is prohibited. Luxury Mountain Vacation Rentals reserves the right to take appropriate legal action, including, without limitation, civil, criminal and injunctive redress for any illegal or unauthorized use of the Site or Service.

Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, the Services, or any product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site. Hosts further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the advertisement of their rental Property and the conduct of their rental business, including but not limited to taxes, permit or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal compliance pertaining to rental Properties listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with governmental entities in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.

7. Privacy Policy; Your Information; Data Transmittal

When you register with the Site, you may be asked to create an Account and provide Luxury Mountain Vacation Rentals with certain information, including, without limitation, a valid email address (your "Information"). When you provide your e-mail address to us in connection with any Service or tool provided on the Site or otherwise, you agree to allow us to add your e-mail address to our database of Users. You may receive one or more promotional e-mails from the Site. You may opt not to receive such promotional e-mails from the Site at any time. Please review our Privacy Policy for more information regarding our email and other data collection practices and safeguards, and how to opt not to receive such emails. Your use of the Site signifies your acknowledgment of and agreement with our Privacy Policy. By agreeing to these Terms and Conditions, you agree to the terms of the Luxury Mountain Vacation Rentals Privacy Policy and acknowledge that Information you submit will be used in accordance with Luxury Mountain Vacation Rentals' Privacy Policy. Each User acknowledges and agrees that, regardless of such User's physical location, we may store and process any Information or other data transmitted to the Site from such User at locations both within and outside of the United States. In the event that you use any of our tools that we may from time to time offer that integrate in any way with a third party website to which you have provided Information or other data, you acknowledge and agree that such third party website shall be responsible for how the data or Information you have provided to such website is handled.

8. User Content and Submissions

You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages, audio files or other materials submitted, posted or displayed by you on or through the Site ("User Content") are the sole responsibility of the person from which such User Content originated. Luxury Mountain Vacation Rentals claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content that you submit, post or display on or through Luxury Mountain Vacation Rentals and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through Luxury Mountain Vacation Rentals or in any way giving us User Content, you grant us a worldwide, non-exclusive, royalty-free, irrevocable, perpetual, transferable, sublicensable (through multiple tiers) right and license, to exercise any copyright, trademark, publicity and database rights you have in such User Content, in any media known now or in the future, including, but not limited to, the right to adapt, broadcast, copy, distribute, license modify, prepare derivative works based upon, publicly display, publicly perform, sell, submit, transmit, use or otherwise exploit such User Content, through Luxury Mountain Vacation Rentals. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you hereby grant Luxury Mountain Vacation Rentals a worldwide, non-exclusive, royalty-free, irrevocable, perpetual, transferable, sublicensable (through multiple tiers) license, to exercise any copyright, trademark, publicity and database rights you have in such User Content, in any media known now or in the future, including, but not limited to, the right to adapt, broadcast, copy, distribute, license modify, prepare derivative works based upon, publicly display, publicly perform, sell, submit, transmit, use or otherwise exploit such User Content for the purpose of promoting the Services and other Luxury Mountain Vacation Rentals products and services. Luxury Mountain Vacation Rentals will discontinue this licensed use within a commercially reasonable period after such User Content is removed from Luxury Mountain Vacation Rentals. Luxury Mountain Vacation Rentals reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion. In accordance with these Terms and Conditions and the Privacy Policy, you understand that any User Content that you provide to Luxury Mountain Vacation Rentals may be shared with other users of the Site.

You also represent and warrant that you have the right to grant, or that the holder of any rights has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant, the license and rights stated above. Subject to the foregoing, the owner of such User Content placed on the Site retains any and all rights that may exist in such User Content.

Luxury Mountain Vacation Rentals has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by any User. However, Luxury Mountain Vacation Rentals may review and remove any User Content that, in its sole judgment, violates these Terms and Conditions, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of the Site. Luxury Mountain Vacation Rentals reserves the right to prevent you from further access to the Site and/or use of the Luxury Mountain Vacation Rentals Services for violating these Terms and Conditions or applicable laws, rules or regulations. Luxury Mountain Vacation Rentals may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Luxury Mountain Vacation Rentals, damage Luxury Mountain Vacation Rentals¹ brand or public image, or cause Luxury Mountain Vacation Rentals to lose (in whole or in part) the services of its ISPs or other suppliers. Luxury Mountain Vacation Rentals does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or endorse any opinions expressed by Users of the Site. You acknowledge that any reliance on material posted by other Users will be at your own risk. Luxury Mountain Vacation Rentals may delete any User Content that Luxury Mountain Vacation Rentals, in its sole discretion, deems inappropriate.

9. Digital Millennium Copyright Act.

(a) If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing in a DMCA Notice of Alleged Infringement (the "Notice") (see 17 U.S.C 512(c)(3) for further detail):

  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (1) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  3. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  6. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send your Notice to Luxury Mountain Vacation Rentals' designated Copyright Agent, as follows:

Luxury Mountain Vacation Rentals

info@luxurymountainvacationrentals.com

For clarity, only DMCA Notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to: support@luxurymountainvacationrentals.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA Notice may not be valid.

Upon receipt of a Notice, Luxury Mountain Vacation Rentals will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and/or termination of the User's account in appropriate circumstances. Please note that a Complainant may be liable for damages (including costs and attorneys' fees) if he or she knowingly makes a material misrepresentation that content is infringing.

(b) Counter Notices

If you have posted material subject to a DMCA Notice that allegedly infringes a copyright (the "Counterclaimant"), you may send Luxury Mountain Vacation Rentals a written Counter Notice pursuant to Section 512(g)(2) and 512(g)(3) of the DMCA. When Luxury Mountain Vacation Rentals receives a Counter Notice, it may, in its discretion, reinstate the material in question not less than ten (10) nor more than fourteen (14) days after receiving the Counter Notice unless Luxury Mountain Vacation Rentals first receives notice from the Claimant that he or she has filed a legal action to restrain the allegedly infringing activity. Please note that Luxury Mountain Vacation Rentals will send a copy of the Counter Notice to the address provided by the Claimant. A Counterclaimant may be liable for damages (including costs and attorneys' fees) if he or she knowingly makes a material misrepresentation that that material or activity was removed or disabled by mistake or misidentification.

DMCA NOTICE OF ALLEGED INFRINGEMENT

Please include in the Counter Notice:

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  2. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  3. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Luxury Mountain Vacation Rentals may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) of the DMCA or an agent of such person.
  4. Your physical or electronic signature.

Deliver this Counter Notice to Luxury Mountain Vacation Rentals’ Designated Copyright Agent:

Luxury Mountain Vacation Rentals

(c) LUXURY MOUNTAIN VACATION RENTALS HAS NO OBLIGATION TO ADJUDICATE CLAIMS OF INFRINGEMENT -- EACH USER'S AGREEMENT TO HOLD LUXURY MOUNTAIN VACATION RENTALS HARMLESS FROM CLAIMS.

Claimants, Counterclaimants, and users understand that Luxury Mountain Vacation Rentals is not an intellectual property tribunal. While Luxury Mountain Vacation Rentals may, in its discretion, use the information provided in a DMCA Notice and Counter Notice in order to decide how to respond to infringement claims, Luxury Mountain Vacation Rentals is not responsible for determining the merits of such claims. If a Counterclaimant responds to a claim of infringement by providing a Counter Notice, the Counterclaimant agrees that if Luxury Mountain Vacation Rentals restores or maintains the content, the Counterclaimant will defend and hold Luxury Mountain Vacation Rentals harmless from any resulting claims of infringement against Luxury Mountain Vacation Rentals.

10. Advertisements and Other Potential Sources Of Company Revenue.

Some of the Services may now or in the future be supported by advertising revenue, pay-per-click mechanisms, or other funding, and the Site may display advertisements and promotions. These advertisements may be targeted to the content of information stored via the Site, queries made through the Services, or other criteria. The manner, mode and extent of advertising on the Site are subject to change without specific notice to you. In consideration for Luxury Mountain Vacation Rentals granting you access to and use of the Site and the Services, you agree that the Luxury Mountain Vacation Rentals may place such advertising on the Site and/or incorporate such advertisements into the Services.

11. USER DISPUTES; RELEASE.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS AND TO TAKE ANY APPROPRIATE CONSISTENT WITH THE TERMS OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, TERMINATION OF THE MEMBERSHIP OF ONE OR MORE MEMBERS, DEACTIVATION OF AN ACCOUNT. IF YOU HAVE A DISPUTE WITH ONE OF OUR USERS, INCLUDING, BUT NOT LIMITED TO, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION, LISTING, BOOKING OR PROPERTY, OR ANY USER CONTENT, OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY SOCIAL MEDIA SITE, YOU HEREBY RELEASE US (AND OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND AGENTS, FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

12. DISCLAIMERS.

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND LUXURY MOUNTAIN VACATION RENTALS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. FURTHER, LUXURY MOUNTAIN VACATION RENTALS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING 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. LUXURY MOUNTAIN VACATION RENTALS DOES NOT WARRANT THAT ACCESS TO THE SITE OR ITS CONTENTS, OR THE SERVICES, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LUXURY MOUNTAIN VACATION RENTALS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. YOU (AND NOT LUXURY MOUNTAIN VACATION RENTALS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM COMPUTER MALFUNCTION, VIRUSES OR THE LIKE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING 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 THE MAY BE EXPRESSLY 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 LISTINGS IN PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK AND WE ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO TRAVEL TO ANY DESTINATION.

13. LIMITATION ON LIABILITY.

IN NO EVENT SHALL LUXURY MOUNTAIN VACATION RENTALS, OR ITS LICENSORS OR REPRESENTATIVES, BE RESPONSIBLE OR LIABLE FOR DAMAGES SUCH AS LOST BUSINESS OR PROFITS, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES THAT MAY RESULT FROM YOUR ACCESS TO OR USE OF SITE, THE LUXURY MOUNTAIN VACATION RENTALS CONTENT, THE SERVICES, ANY USER CONTENT, 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 ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS. WE DO NOT GUARANTEE THAT LUXURY MOUNTAIN VACATION RENTALS WILL BE SAFE OR SECURE. LUXURY MOUNTAIN VACATION RENTALS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICES, YOU DO NOT AGREE WITH ANY PART OF THE TERMS AND CONDITIONS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR ANOTHER USER OF THE SITE WITH RESPECT TO THESE TERMS AND CONDITIONS OR THE SITE OR SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE AND SERVICES.

REGARDLESS OF THE PREVIOUS PARAGRAPHS, IF WE ARE FOUND TO BE LIABLE, OUR OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY REASON IS LIMITED TO THE GREATER OF (A) $100 OR (B) THE TOTAL FEES YOU PAID TO LUXURY MOUNTAIN VACATION RENTALS IN THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO YOUR CLAIM. 

14. INDEMNIFICATION.

IN THE EVENT THAT YOU USE THE SITE, THE LUXURY MOUNTAIN VACATION RENTALS CONTENT, OR THE SERVICES, OR ANY PORTION THEREOF, IN ANY MANNER NOT AUTHORIZED BY LUXURY MOUNTAIN VACATION RENTALS, OR IF YOU OTHERWISE INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHTS RELATING TO OTHER USERS, YOU AGREE TO INDEMNIFY AND HOLD LUXURY MOUNTAIN VACATION RENTALS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS AND REPRESENTATIVES, AND THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES, HARMLESS AGAINST ANY LOSSES, EXPENSES, COSTS OR DAMAGES, INCLUDING REASONABLE ATTORNEYS' FEES, INCURRED BY ANY OF THEM AS A RESULT OF UNAUTHORIZED USE OF THE SITE, THE LUXURY MOUNTAIN VACATION RENTALS CONTENT, OR THE SERVICES AND/OR YOUR BREACH OR ALLEGED BREACH OF THESE TERMS AND CONDITIONS. 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.

15. Ownership of Our Site.

All of the content (other than User Content) on the Site, including without limitation, the graphics, design, and look and feel are owned by Luxury Mountain Vacation Rentals and are protected by United States and international copyright, trademark, patent, trade secrets and other intellectual property rights protection. The Luxury Mountain Vacation Rentals logos are trademarks owned by Luxury Mountain Vacation Rentals and may not be used or reproduced without our written permission.

16. Third Party Software.

Luxury Mountain Vacation Rentals may make software from third-party companies available to you. To download such software, you may be required to agree to the respective software licenses and/or warranties of such third-party software. Each software product is subject to the individual company's terms and conditions, and the agreement will be between you and the respective company. This means that Luxury Mountain Vacation Rentals does not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. Luxury Mountain Vacation Rentals does not offer any warranty on any third-party software you download using the Site.

17. International Use.

Luxury Mountain Vacation Rentals makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

18. Arbitration; Waiver of Jury Trial.

You agree that, except for disputes related to Luxury Mountain Vacation Rentals' intellectual property, indemnity claims and claims for injunctive relief, any dispute, claim or controversy arising hereunder or relating in any way to these Terms and Conditions, shall be settled by binding arbitration in Pitkin County, Colorado, in accordance with the commercial arbitration rules of Judicial Arbitration and Mediation Services ("JAMS"). The arbitrator shall issue a written decision specifying the basis for the award made. The party filing a claim or counterclaim in the arbitration proceeding shall pay the deposit(s) determined by JAMS with respect to such claim or counterclaim. All other costs associated with the arbitration and imposed by JAMS shall be paid as determined by the arbitrator(s) and, in absence of such determination, equally by each party to the arbitration. In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration shall be responsible for its own attorneys' fees and other professional fees incurred in connection with the arbitration. Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator shall apply the substantive law of the State of Colorado, without giving effect to its conflict of laws rules. YOU AND LUXURY MOUNTAIN VACATION RENTALS HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTER-CLAIM (WHETHER IN CONTRACT, STATUTE, EQUITY, OR TORT (SUCH AS NEGLIGENCE)), OR OTHERWISE RELATING TO THESE TERMS AND CONDITIONS.

19. Other Terms.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state or federal courts located in Pitkin County, Colorado, and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. You acknowledge and agree that except as specified herein, no representations, warranties or promises of any kind have been made to you by Luxury Mountain Vacation Rentals regarding the use of the Site, the Luxury Mountain Vacation Rentals Content or the Services. The failure of Luxury Mountain Vacation Rentals to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Luxury Mountain Vacation Rentals. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

20. No Agency.

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms and Conditions.

21. Entire Agreement.

These Terms constitute the entire and exclusive understanding and agreement between Luxury Mountain Vacation Rentals and you regarding the Site, Services, and any bookings or Listings of Properties made via the Site and Services, and these Terms and Conditions supersede and replace any and all prior oral or written understandings or agreements between Luxury Mountain Vacation Rentals and you regarding bookings or listings of Properties, the Site, and Services.

22. Assignment.

You may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without Luxury Mountain Vacation Rentals' prior written consent. Any attempt by you to assign or transfer these Terms and Conditions, without such consent, will be null and of no effect. Luxury Mountain Vacation Rentals may assign or transfer these Terms and Conditions, at its sole discretion, without restriction. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.

23. Property Listings; Bookings; Fees

In addition to being bound by the other terms set forth herein, Users and Members who use the Site and Services to request a reservation, list a Property, or book a Property, are also bound by the following terms, which are in addition to any other terms applicable in connection with using our Site.

(a) Property Listings

Members may create Listings by following prompts on the Site to provide certain information about the Property to be listed, including, but not limited to, the location, capacity, size, features, availability of the Property and pricing and related rules and financial terms. Luxury Mountain Vacation Rentals requires that all Properties listed on the Site have valid physical addresses. Listings on the Site will be publicly available, and other Users will be able to book your Property via the Site and Services based upon the information and rental terms provided in your Listing.

You acknowledge and agree that you are solely responsible for any and all Listings you post, and all content included in such Listings. Accordingly, you represent and warrant to us that any Listing you post and the Booking of, or Guest stay at, a Property in a Listing that is posted through your Account (i) will not breach any agreements you have entered into with any third parties, (ii) will contain only text, copy, designs, logos, images, photographs, and other content owned by you or to which you hold a valid license permitting display of the content on the Site, and (iii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Property included in a Listing posted through your Account, including, but not limited to, applicable zoning laws and laws governing rentals of residential and other properties, and (b) not conflict with, violate or in any manner infringe upon, the rights, including but not limited to, intellectual property rights, of any third parties. Please note that Luxury Mountain Vacation Rentals assumes no responsibility for a Host's compliance with any applicable laws, rules and regulations.

All Property Listings on the Site are the sole responsibility of the Member (who may be the owner or a property manager or duly authorized property manager or agent of the owner) and we specifically disclaim any and all liability arising from the alleged accuracy of the Listings, property reviews, guest book entries, or any alleged breaches of contract by a Member. Members are solely responsible for reviewing content displayed on the Site to ensure that is displayed the way they intended, and for keeping their Property information current on the Site, including, but not limited to, any and all representations about any Property, its amenities, location, price, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property reviews, guest book entries, Property location, suitability, pricing or availability information published on the Site is accurate or current even in the case where prospective travelers have searched for specific special offers, dates, or types of properties. Members are solely responsible for ensuring the accuracy of any Property descriptions, and Guests are solely responsible for verifying the accuracy of such descriptions. We reserve the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including a Listing that Luxury Mountain Vacation Rentals, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms and Conditions, or otherwise harmful to the Site or Services.

We reserve the right to refuse to publish any content that we determine, in our sole discretion, does not meet these Terms and Conditions or is otherwise unacceptable to us. We do not, however, assume any duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any User.

You understand and agree that Luxury Mountain Vacation Rentals does not act as an insurer or as a contracting agent for, or representative of, you as a host or a guest, and any rental or other agreement you enter into as a Host or a Guest is between you and the counterparty Guest or Host, as the case may be, and Luxury Mountain Vacation Rentals is not and shall not be deemed to be a party thereto.

You hereby acknowledge and agree that (a) you are fully responsible for the terms and conditions of any rental agreement you enter into as a Host or a Guest, (b) any rental agreement used, whether a sample provided via the Site or a rental agreement copied and pasted or otherwise uploaded to the Site by either a Host or a Guest, is used solely at their own risk and expense, (c) nothing contained in the Site, Services, these Terms and Conditions, or any sample rental agreement is a substitute for the advice of an attorney, and (d) you have been hereby advised to obtain local legal counsel to prepare, review and revise as necessary any rental agreements to ensure compliance with federal, state, and local law and the particular circumstances of the rental, and to revise the rental agreement as necessary to accurately represent the Property, rules, features and all other matters regarding the Booking.

Luxury Mountain Vacation Rentals recommends that Hosts obtain appropriate insurance for their Properties. Please review any insurance policy that you may have for your Property carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Property, if applicable) while at your Property.

 Your use of mapping available on this Site is governed by (a) the specific terms of service for Google Maps (which can be viewed at http://maps.google.com/help/terms_maps.html or such other URL as Google may locate such terms from time to time) including the content notices applicable thereto (which can be viewed at http://maps.google.com/help/legalnotices_maps.html or such other URL as Google may locate such notice from time to time), (b) the general Google terms of service (which can be viewed at http://www.google.com/terms_of_service.html or such other URL as Google may locate such terms from time to time) and (c) Google's overall privacy policy (which can be viewed at http://www.google.com/privacypolicy.html or such other URL as Google may locate such terms from time to time), such provisions being hereby incorporated into these Terms and Conditions by reference.

(b) No Endorsement

Luxury Mountain Vacation Rentals does not endorse any Members, Users or any Properties or Listings. In addition, although these Terms and Conditions require Members and Users to provide accurate information, we do not attempt to confirm, and do not confirm, any Member's or User's purported identity. You are responsible for determining the identity and suitability of others whom you contact or who contact you via the Site and Services. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm, and you agree not to attempt to impose liability on, or seek any legal remedy from Luxury Mountain Vacation Rentals with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users on the Site and Services regarding any bookings or Listings made by you.

(c) Bookings and Fees

For Hosts. If you are a Host and a Booking is requested for your Property via the Site, Application and Services, you will be required to either confirm or reject the booking within 24 hours of when the Booking is requested (as determined by Luxury Mountain Vacation Rentals in its sole discretion) or the Booking request will be automatically cancelled. If you are unable to confirm or decide to reject a booking of a Property within such 24 hour period, any amounts collected by Luxury Mountain Vacation Rentals for the requested booking will be refunded to the applicable Guest's credit card and any pre-authorization of such credit card will be released.

The fees displayed in each Listing are comprised of the Property Fees (defined below), the Service Fees (defined below), and, where applicable, Taxes. The Property Fees, the Service Fees and applicable Taxes are collectively referred to in these Terms and Conditions as the "Total Fees". The amounts due and payable by a Guest solely relating to a Host's Property are the "Property Fees". Please note that it is the Host and not Luxury Mountain Vacation Rentals who determines the Property Fees. Guests may request a reservation for an amount different than the Property Fees shown in the applicable Listing, and the final Property Fees will be determined by the Host and Guest upon the Host's acceptance of a Guest's reservation request. Luxury Mountain Vacation Rentals charges a Services Fee to Hosts based upon a percentage of applicable Property Fees. The Service Fee is added to the Property Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing and/or agreed to by the Host if the Guest requests a different Property Fee than contained in the Listing. Luxury Mountain Vacation Rentals will collect the Total Fees at the time of booking confirmation (when the Host confirms the booking within 48 hours of the booking request) and will remit the Property Fees (less Luxury Mountain Vacation Rentals' Service Fees to the Host within 24 hours of when the Guest arrives at the applicable Property.

Please note that while Luxury Mountain Vacation Rentals does not currently charge fees for the creation or running of Listings, you acknowledge and agree that we reserve the right to implement such a fee in the future. Please note that Luxury Mountain Vacation Rentals will provide notice of any Listing fee collection via the Site and Services, prior to implementing such a Listing fee feature.

For Guests. The Hosts, not Luxury Mountain Vacation Rentals, are solely responsible for honoring any confirmed bookings and making available any Properties reserved through the Site and Services. If you, as a Guest, choose to enter into a transaction with a Host for the Booking of a Property, you agree and understand that you may be required to enter into a rental or other agreement with the Host. You acknowledge and agree that you, and not Luxury Mountain Vacation Rentals, will be responsible for performing the obligations of any such agreements, and Luxury Mountain Vacation Rentals is not, will not be, and will not be deemed to be, a party to such agreements and disclaims all liability arising from or related to any such agreements.

Listings for Properties will specify the Total Fees. As noted above, the Host is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Luxury Mountain Vacation Rentals in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled because it was not timely confirmed by the applicable Host, any amounts collected by Luxury Mountain Vacation Rentals will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest's credit card will be released, if applicable.

You agree to pay Luxury Mountain Vacation Rentals for the Total Fees for any Booking requested if such requested Bookings are confirmed by the applicable Host. In order to establish a Booking pending the applicable Host's confirmation of your requested Booking, you understand and agree that Luxury Mountain Vacation Rentals reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g., one euro or one Brazilian real) to verify your credit card. Once Luxury Mountain Vacation Rentals receives confirmation of your Booking from the applicable Host, Luxury Mountain Vacation Rentals will charge the Total Fees to your Credit Card in accordance with these Terms and Conditions and the pricing terms set forth in the Luxury Mountain Vacation Rentals checkout page for your Booking. You will then receive a Reservation Confirmation by email stating that your credit card has been charged the Total Fees for the Booking. Please note that Luxury Mountain Vacation Rentals cannot control any fees that may be charged to a Guest by his or her bank or financial institution related to Luxury Mountain Vacation Rentals' collection of all or any part of the Total Fees, and Luxury Mountain Vacation Rentals disclaims all liability in this regard.

In connection with your requested Booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Luxury Mountain Vacation Rentals or its third party payment processor. You agree to pay Luxury Mountain Vacation Rentals for any confirmed Bookings made by you in accordance with these Terms and Conditions by credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the Booking, either directly by Luxury Mountain Vacation Rentals or indirectly, via a third party online payment processor or by one of the payment methods described on the Site. If you are directed to Luxury Mountain Vacation Rentals' third party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's personally identifiable information collection practices. Please review such terms and conditions and privacy policy before using the third party's services. Once your confirmed Booking transaction is complete you will receive a confirmation email summarizing your confirmed Booking.

(d) Security Deposits; Property Damage

Hosts may choose to include security deposits in their Listings ("Security Deposits"). Each Listing will describe whether a Security Deposit is required for the applicable Property. If a Security Deposit is included in a Listing for a confirmed Booking of a Property, Luxury Mountain Vacation Rentals will charge the Security Deposit amount to the Guest's credit card as part of, and in the same manner as, the Total Fees. Luxury Mountain Vacation Rentals is not responsible for administering or accepting any claims by Hosts or Guests related to Security Deposits, and disclaims any and all liability in this regard.  Coverage will be provided for all travelers, provided the required premium payment has been received by us or our authorized agent, and provided the person is a resident of the United States of America, or a non-resident who has purchased the coverage in the United States of America.

If you occupy an Accommodation and you damage the real or personal property assigned to that Accommodation during the Trip, we will reimburse you the lesser of the cost of repairs or the Actual Cash Value of the property, up to the amount shown in the Schedule.  Vacation Rental Damage benefits will be payable up to $1,500, $3,000 or $5,000, depending on the amount purchased and listed on your rental agreement.  As a Guest, you are responsible for leaving the Property in the condition it was in when you arrived, subject to the terms of any rental or other agreement you may enter into with the Host.

You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals you invite to, or otherwise provide access to, the Property. You further acknowledge that at the time of the Booking, Luxury Mountain Vacation Rentals delivers the Security Deposit to the Host, along with the Property Fee, and has no responsibility or liability for holding or the disposition of the Security Deposit, such being entirely the responsibility and liability of the Host and all disputes and matters concerning the Security Deposit being matters between the Host and Guest.  (Click here for entire document CSA Travel Insurance)  Link this to File Vacation Rental Damage Protection CSA.

 (e) Service Fees

In consideration for providing the Services, Luxury Mountain Vacation Rentals collects service fees from Hosts ("Service Fees"). A Service Fee is a fee that is charged to the Host based upon a percentage of the amount of the Property Fees. Where applicable, Taxes may also be charged in addition to the Service Fees. Luxury Mountain Vacation Rentals deducts the Service Fee from the Property Fee before remitting the Property Fee to the Host. Balances will be remitted to Hosts via check, PayPal, direct deposit or other payment methods described on the Site, in the Host's currency of choice, depending upon the selections the Host makes via the Site and Services. Please note that for any payments by Luxury Mountain Vacation Rentals in currencies other than U.S. dollars, Luxury Mountain Vacation Rentals may deduct foreign currency processing costs from such payments. Except as otherwise provided herein, Service Fees are non-refundable.

(f) General Booking and Financial Terms

Cancellation and Refunds, If, as a Guest, you cancel your requested booking before the requested Booking is confirmed by a Host, Luxury Mountain Vacation Rentals will refund any Total Fees collected for such requested booking within a commercially reasonable time. If, as a Guest, you cancel a confirmed Booking made via the Site or Services, (a) Luxury Mountain Vacation Rentals will not refund any of the Total Fees (b) a credit may be applied if  a Property is re-rented for the applicable Booking period, or (c) unless some agreement is made at the sole discretion of Luxury Mountain Vacation Rentals, LLC.

 

If a Host cancels a confirmed booking made via the Site or Services, (i) Luxury Mountain Vacation Rentals will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from Luxury Mountain Vacation Rentals containing alternative Listings and other related information. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest's requested booking, then the Guest agrees to pay Luxury Mountain Vacation Rentals the Total Fees relating to the confirmed booking for the Property in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from Luxury Mountain Vacation Rentals, please contact Luxury Mountain Vacation Rentals at support@luxurymountainvacationrentals.com

 

Taxes. IRS regulations regarding federal tax reporting requirements stipulate that Luxury Mountain Vacation Rentals must collect IRS Form W-9 from all property owners in the United States who consummate a Booking through the Site or Services. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements. Luxury Mountain Vacation Rentals cannot and does not offer Tax-related advice to any Users of the Site or Services. Additionally, please note that each Host is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Where applicable, or based upon request from a Host, Luxury Mountain Vacation Rentals may issue a valid VAT invoice to such Host.

 

 

Luxury Mountain Vacation Rentals, LLC 2373 Central Park Blvd, Ste. 100, Denver CO 80238 +1(888)998-5687 reservations@luxurymountainvacationrentals.com

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Luxury Mountain Vacation Rentals P.O. Box 165 Southaven, MS 38671 888.998.5687 Reservations@LuxuryMountainVacationRentals.com

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