Terms of Service
SHORT TERM SUITES.COM
TERMS OF SERVICE
Terms of Service Last Revised February 21, 2013
Welcome to the ShortTermSuites.com Web Site (the “Site”). The Site is provided and operated by Short Term Suites LLC, a Washington State Limited Liability Company (“Company”). The Site and its contents are owned by Company and/or its licensors. Your access to and use of the Site is subject to these Terms of Service (“TOS” or “Agreement”).
PLEASE READ THIS LEGALLY BINDING AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE. BY USING THE SITE, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ THIS AGREEMENT AND AGREED WITHOUT LIMITATION OR QUALIFICATION, TO BE LEGALLY BOUND BY THIS AGREEMENT.
IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITE.
COMPANY MAY, FROM TIME TO TIME, MAKE CHANGES OR ADDITIONS TO THIS AGREEMENT, AND YOUR CONTINUED USE OF THE SITE AFTER COMPANY MAKES SUCH CHANGES OR ADDITIONS WILL SIGNIFY THAT YOU AGREE TO SUCH CHANGES OR ADDITIONS. YOU SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN CURRENT TOS.
1. SITE IS A VENUE; COMPANY NOT A PARTY TO CERTAIN CONTRACTS. The Site is a venue where property owners advertise their properties to potential renters for short term rentals of fully furnished real estate and to assist them to enter into business transactions. All contractual arrangements are made between the property owner and the guest. Company is not a party to these contracts. Affiliates of Company may provide goods and services through the Site. Should you enter into a transaction with a Company affiliate, you will be entering into a relationship with the affiliate and not with Company. Company is not a real estate advertiser, lessor, real estate agent, broker, property manager or real estate lender. Property owners are responsible for ensuring that material submitted for inclusion on this Site is accurate and complies with applicable laws. Company is not responsible for the illegality of or any error or inaccuracy in property owners’ materials or for the acts or omissions of property owners and guests. Even if Company provides booking or transactional tools for property owners and renters, Company is not a party to any rental or other agreement between property owners and guests. Company does not verify the truthfulness of advertisements, conditions of rental properties, qualifications and credit worthiness of property owners and guests, and other matters that may be of importance to both property owners and guests. USE OF THIS SITE CONSTITUTES ACKNOWLEDGEMENT OF COMPANY’S LIMITED ROLE IN SUCH TRANSACTIONS AND A WAIVER OF ANY CLAIMS AGAINST COMPANY ARISING OUT OF BUSINESS TRANSACTED THROUGH THE SITE. COMPANY MAKES NO ENDORSEMENT OR WARRANTY OF ANY KIND WITH RESPECT TO ANY GOODS OR SERVICES OFFERED FOR SALE OR RENTAL THROUGH THE SITE OR WITH RESPECT TO ANY TRANSACTION ENTERED INTO THROUGH THE SITE.
2. DEALINGS WITH ADVERTISERS. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Company shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
3. AUTHORIZED USES. You are only authorized to visit, view and to retain a single copy of pages of this Site solely for your own individual non-commercial use and not for commercial exploitation unless otherwise specifically authorized by Company. We post legal notices and various credits on pages of this Site, which may not be removed even in your permitted copy. You shall not remove these notices or credits, or any additional information contained along with the notices and credits.
4. UNAUTHORIZED USES OF THE SITE. Access to the Site is prohibited in jurisdictions where the contents of the Site are illegal or the TOS are unenforceable according to their terms. Except as provided above, you may not:
• access data or materials not intended for you;
• log into a server or account which you are not authorized to access;
• use this Site to transmit any false, misleading, fraudulent or illegal communications;
• attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users;
• attempt to interfere with service to any user, host or network, including without limitation, via means of submitting a virus or malware to or through the Site, overloading, “flooding”, “mailbombing” or “crashing” the Site;
• send communications through the Site constituting commercial solicitations, mass mailings, chain letters, political campaigning or any other form of “spam”;
• copy the Site or any software or programming related thereto;
• permit other individuals or companies to use the Site;
• modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon the Site or any software or programming related thereto;
• sublicense, rent, lease, transfer, resell and/or or otherwise transfer rights to the Site;
• delete or write over any portion of any software relating in any manner to the Site;
• use any manual process or automatic device such as Web crawlers, screen scrapers, data miners, tools, programs, robotic algorithms or products to automatically extract, download or “spider” the Site or any Site pages without Company’s prior express written permission;
• use any device, software or routine to interfere or attempt to interfere with the proper working of the Site;
• take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
• copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Site, except to the extent permitted above without the prior expressed written permission of Company or the appropriate third party; or
• use or otherwise export or re-export this Site or any portion thereof, or the content in violation of the export control laws and regulations of the United States of America.
Notwithstanding the foregoing, Company provides a limited exception from the foregoing prohibitions for general purpose Internet search engines using tools to gather information for the limited purpose to display summary information of and hyperlinks to the Site, if it operates from a stable IP address with an easily determinable agent and complies with the Site’s robots.txt file. This limited exception does not apply to competitors of Company. Company may, in its sole discretion, terminate this limited exception as to any general purpose Internet search engine upon notice.
Any unauthorized use of this Site is prohibited. Violations may result in severe civil or criminal liability which Company will vigorously pursue. Company reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
5. COPYRIGHT AND PROPRIETARY RIGHTS. All content, materials and software posted to or used in conjunction with the Site including, without limitation, text, graphics, logos, button icons, images and multimedia clips are the property of Company or its licensors and are protected by U.S. and international copyright, and other proprietary rights and intellectual property rights laws. The compilation of all content on this Site is the exclusive property of Company or its licensors and is protected by U.S. and international copyright laws and conventions. Except to the minimum extent otherwise expressly permitted under copyright law or permitted herein, no copying or exploitation of material from the Site is permitted without the express written permission of Company and any other applicable copyright owner. You also may not resell the Site (or any part thereof). You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Site. All rights not expressly granted hereunder are expressly reserved to Company and its licensors.
The Site, including, without limitation, any of Company’s Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the Universe, and any derivative works, improvements, modifications, enhancements or extensions thereof shall remain the sole and exclusive property of Company or its licensors, and you shall have no interest in them whatsoever.
Images of people or places displayed on the Site are either the property of, or used with permission by, Company or its licensors. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
6. DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. Company and its licensors respect the intellectual property of others, and Company asks its users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Company’s Copyright Agent with the following information:
• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• 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 Web site;
• 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;
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has 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; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification of claimed copyright infringement should be submitted to the following Designated Agent:
Service Provider(s): Short Term Suites LLC
Name of Agent Designated to Receive Notification of Claimed Infringement:
Lorna Arnold, Short Term Suites Member/Manager
Full Address of Designated Agent to Which Notification Should be Sent:
1120 8th Ave # 1802
Seattle, WA 98101-2535
Telephone Number of Designated Agent: +1 (206) 276-0588
Email Address of Designated Agent: firstname.lastname@example.org
You may be liable for damages, including costs and attorneys’ fees, if you materially misrepresent that material is infringing your copyrighted work.
7. TRADEMARK INFORMATION. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, are registered and unregistered Trademarks of Company and/or its licensors. The “look and feel” of the Site is also Company’s and/or its licensor’s trademark and proprietary trade dress. This includes color combinations, graphics, logos, button icons, layout, and all other graphical and navigational elements. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
Company’s and/or its licensor’s trademarks and trade dress may not be used with any products or services that are not Company’s, in any way that may cause a likelihood of confusion among customers or in any manner that tarnishes or disparages Company.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Company or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these TOS, is strictly prohibited. You are also advised that Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION AT THE SITE. Any solicited or unsolicited communication or material that you transmit to the Site by e-mail or otherwise, including, without limitation, any surveys, endorsements, testimonials, reviews, data, questions, comments, suggestions, or the like (“Feedback”) is, and will be treated as, non-confidential and non-proprietary. You grant (or warrant that the owner of such rights has expressly granted) Company, its licensors and its affiliates a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, to use, reproduce, modify, adapt, publish, transmit, broadcast, distribute, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such Feedback or incorporate such Feedback into any form, medium, or technology, now known or later developed, throughout the Universe without any duty to account to you. Furthermore, Company will be free to use any ideas, concepts, know-how, or techniques contained in any Feedback for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such Feedback. You hereby waive all rights to any claim against Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
9. INACCURACIES AT THE SITE. While Company uses reasonable efforts to include accurate and up to date information at the Site, Company makes no representations or warranties as to the Site’s accuracy. Company disclaims any and all liability for the accuracy, completeness, correctness, or currentness of such information.
10. SECURITY AT THE SITE. While Company uses reasonable efforts to safeguard the security of the Site, there can be no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Site. Company assumes no liability or responsibility for any unauthorized alterations in the content or functionality of the Site. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or operation which may be transferred to your computer via the Site.
10. YOUR INFORMATION. You agree to provide true, accurate, current and complete transactional information and any information about you and to maintain and promptly update such information to keep it true, accurate, current and complete. You agree that any reservations you submit are not false or speculative.
11. LINKING TO THIS SITE. You may provide links only to the homepage of this Site, provided you:
(i) link to, but not replicate, content on this Site;
(ii) do not remove or obscure, by framing or otherwise, any portion of the homepage, including its advertisements, the TOS, the copyright notice, or other notices on this Site;
(iii) not imply that Company is endorsing your products, services and/or referring Web site;
(iv) not misrepresent your relationship with Company;
(v) not present false or misleading information about Company’s Site, products and/or services;
(vi) not use Company’s Trademarks without permission;
(vii) not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for viewing by all age groups;
(viii) give Company notice of such link by sending an e-mail to email@example.com immediately upon linking; and
(ix) discontinue providing links to this Site if requested by Company.
If you wish to provide links to a page within this Site (i.e., “deep linking”), you should forward your request to Company at firstname.lastname@example.org and Company will notify you if permission is granted, and if so the terms and conditions of the permission.
12. LINKS. Links in the Site will allow other third party Web sites to be accessed. Company is not responsible for the content of any third party Web sites or any other Web sites that link to the Site. Company provides links only as a convenience, and such inclusion of any link does not imply endorsement by Company of the linked Web site. Company has not reviewed any Web sites that may be linked to the Site and is not responsible for the content of any off-Site Web pages or any other Web sites linked to the Site. Your clicking through to any other off-site Web pages or other Web sites is at your own risk.
13. CONDUCT OF SITE VISITORS. Although Company may from time to time monitor or review postings, transmissions, and the like on the Site, Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. While under no obligation to do so, Company retains the right to remove any such posting and will fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any such information or materials.
14. NOTICES. Company may give notice to its users by means of a. general notice on this Site, electronic mail to a user’s e-mail address on its records, or by written communication sent by first class mail to a user’s address on its records.
16. COMPLIANCE WITH LAWS. You may use the Site only for lawful purposes. The Site is subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of the Site. This obligation includes your agreement to comply with all applicable laws, including without limitation, industry-specific regulations and rules relating to the export and re-export of technical and other data from the United States (and from your country if you are not located in the United States) and your agreement not to export or re-export any such data or any other content or materials in violation of such laws, rules or regulations without first obtaining all necessary licenses, consents and approvals therefore, as well as authorization from Company.
17. CHILDREN’S USE OF THE SITE. The Site is not intended for use by or available to minors. You may use the Site only if you are an authorized agent of a corporation or other business entity or an individual eighteen (18) years of age or older. IF YOU ARE NOT LEGALLY AN ADULT UNDER THE LAW WHERE YOU LIVE OR IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT ACCESS THE SITE OR USE ANY OF THE SERVICES. IF SO, PLEASE IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND DO NOT ACCESS THE SITE.
18. DISCLAIMER OF WARRANTIES. YOUR ACCESS AND USE THE SITE AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE SITE AND ANY SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, COMPANY AND ITS LICENSORS DO NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITE ARE APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING THEM FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED.
NEITHER COMPANY, ITS LICENSORS, NOR ANY COMPANY AFFILIATES MAKE ANY WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR OR VIRUS FREE; NOR DOES COMPANY OR ITS LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO A COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
19. LIMITATION OF LIABILITIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF ANY OR ALL OF THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS TO DISCONTINUE THE USE OF THE SITE. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY AND ITS LICENSORS FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR THIS AGREEMENT SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO ONE HUNDRED DOLLARS ($100.00).
THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SITE OR ANY OTHER PART OF THE SITE, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “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.”
20. REMEDIES FOR VIOLATIONS. Provider reserves the right to seek all remedies available at law and in equity for violations of these TOS, including but not limited to the right to block access from a particular Internet address to this Site and any other Company Web sites and their features.
21. INDEMNIFICATION. You agree to indemnify, defend and hold Company, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (i) your use of (or inability to use) the Site; (ii) your violation of the TOS; or (iii) any other of your activities relating to your use of this Site.
22. GENERAL. This Agreement shall be governed and construed in all respects by the internal laws of the State of Washington applicable to contracts made and to be performed by residents wholly within the State of Washington without regard to its conflict of laws principles. You agree that any action at law or in equity arising out of or relating to these TOS shall be filed only in the state or federal courts located in King County, State of Washington, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action waive any jurisdictional, venue, or inconvenient forum objections to such courts. You agree that any lawsuit will be conducted only on your own behalf and not in a class, consolidated or representative action. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. If any provisions of these TOS shall be unlawful, void, or for any reason unenforceable, then the provision shall be deemed severable from these TOS and shall not affect the validity and enforceability of any remaining provisions. Company’s failure to act with respect to a breach by you or others does not waive Company’s right to act with respect to subsequent or similar breaches. The section titles in these TOS are solely used for the convenience of the parties and have no legal or contractual significance. These TOS may be assigned in whole or in part by the Company. These TOS may not be assigned in any manner by you without the express, prior written permission of Company. These TOS set forth the entire understanding and agreement between the parties with respect to the subject matter hereof.