Terms and Agreements
The Agreement: These Terms of Service constitute the agreement ("Agreement") between SnowBird Beaches, LLC. ("we," "us" or "Snowbird Beaches") and the user ("you," "user", "Vacation Property Owner", "Buyer" or "Customer") in using SnowBird Beaches' listing service or service ("Service"). Please read them carefully. You understand, agree, and acknowledge that your use and the services provided to you are exclusively governed by these terms which cannot be modified by you. By accessing and using the services, you agree that you have read and understand the terms and that you agree to be bound by them, without limitation or qualification and that no signatures are required to implement the terms. If you do not agree to be bound by the terms and conditions, then you are not allowed to use or access our services.
Modifications to terms and services: SnowBird Beaches, LLC may change the terms and conditions from time to time without prior notification to you. Each time you access the web site you will be governed by these terms. All such changes will be posted on the SnowbirdBeaches.com home page. We reserve the right to modify or discontinue (temporarily or permanently) our services with or without notice to you. We shall not be liable to you if we exercise our right to modify or discontinue our services. If you object to any such changes, then please do not use our services. Continued use of our services following notice of any such changes shall indicate your acknowledgement and agreement of the terms and conditions.
Vacation Property Owner listing: Vacation Property Owners will be assigned individual listing id. You are responsible for maintaining the confidentiality of your listing id and you are responsible for all activities that occur under your listing id. You agree to immediately notify us of any unauthorized use of your listing id or any other breach of security related to the services. We cannot and will not be liable for any loss or damage arising from your failure to safeguard you’re listing id.
Homeowner responsibilities: when providing us with your home or property information during the listing process, you agree to provide true, accurate, current and complete information. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the services. You acknowledge that you are over 18 years of age or otherwise are of legal age to form a binding contract. You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the services and all charges related thereto. You agree not to use the services to do any of the following:
Violate any local, state, national or international law. Stalk, harass or harm another individual or communicate with such individual after being advised to cease any such communications. Collect, harvest or store personal data about other users including email addresses or contact sellers for any purpose other than responding to the content posted by such sellers. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity. Upload, submit, post, store or transmit any (a) content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racist, sexist, homophobic, or ethnically or otherwise objectionable; (b) content that you do not have a right to transmit under any law or under contractual or fiduciary relationships including, but not limited any copy right or intellectual property infringement allegations by a third party and you acknowledge that you bare sole responsibility for any and all photographs or images relating to your property in any manner which you provide to SnowBird Beaches; or (c) material that contains software viruses or any other computer code, files or programs, for example, worms, trojan horses, cancelbots, time bombs and the like, designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) unsolicited advertising material, notices or "spam", "junk mail", pyramid schemes, chain letters or the like. Dealings with homeowners and buyers: Your correspondence or business dealings with renters or Vacation Property Owners found on or through the services is solely between you and Vacation Property Owner or renter. You agree that SnowBird Beaches, LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, or as the result of the presence of such homeowner or buyer on or through the services.
External links: our provision of a link to any other web site or location is for your convenience and does not signify our endorsement of such other web site or location or its contents. Any concerns you may have regarding any external link should be directed to that link’s web site administrator or webmaster. SnowBird Beaches, LLC shall not be liable for any information, software, or links found at any other web site, internet location, or source of information, or for your use of such information.
No spam: We do not condone or allow spam. We prohibit you from using the services to promote your own web site or any business, product or service through the sending of unsolicited email. We reserve the right to investigate and terminate your rights under this agreement.
Use and storage: you acknowledge and agree that we may establish general practices and limits concerning use of the services, including, without limitation, the maximum number of days that information, data, account history or other uploaded content will be retained by the services and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time.
No resale of service: you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the services, use of the services or access to the services. The services are provided for your personal, noncommercial use only.
Termination: you agree that we, in our sole discretion, may terminate your listing or access to and use of the services, and remove and discard any information posted by you on or through the services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the services. You agree that we may terminate your listing if it remains inactive for an extended period. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the services. You may discontinue your participation in and access to the services at any time.
Disclaimer of warranties: You expressly agree that use of the services is at your sole risk. The services are provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement with respect to the services. We make no warranty that (a) the services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free; (b) the results that may be obtained from the use of the services will be accurate or reliable; (c) the accuracy, reliability or quality of any information, products, services or other material obtained through the services will meet your expectations; (d) defects in the services will be corrected; or (e) the SnowBird Beaches, LLC web sites or the server that makes them available are free of viruses or other harmful components. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system(s) or for loss of data that results from the download of such material and/or information. We do not control in any respect any information, products or services offered by third parties, and we make no warranty regarding any goods or services purchased or obtained through the services or any transactions entered into through or as the result of the services. No advice or information, whether oral or written, obtained by you from SnowBird Beaches, LLC or through or from the services shall create any warranty not expressly made herein.
Limitation of liability: You expressly understand and agree that to the fullest extent permitted under applicable law, in no event will SnowBird Beaches, LLC or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents or licensors be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), arising out of or in any way related to the use or the use or the inability to the use the services.
Indemnification: You agree to the fullest extent of the law, to indemnify, defend and hold harmless SnowBird Beaches, LLC, its parents, subsidiaries, affiliates, officers, directors, co-branders or other partners, employees, consultants and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from (1) any information or content that you (or anyone using your account) submits, posts or transmits through the services, including but not limited to any and all alleged violations of any copy right or intellectual property violations related to all photographs or images you post or submit, (2) your (or anyone using your account’s) use of the services, (3) your (or anyone using your account’s) violation of these terms, (4) your (or anyone using your account’s) violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines input by you into the SnowBird Beaches, LLC web sites or other services.
Trademarks: Certain of the names, logos, and other materials displayed on the SnowBird Beaches, LLC web sites and in and through the services constitute trademarks, trade names, service marks or logos ("marks") of SnowBird Beaches, LLC or other entities. You are not authorized to use any such marks. Ownership of all such marks and the goodwill associated therewith remains with us or those other entities.
Copyrights: The content of the services, including without limitation, text, software, music, sound, photos, graphics, video, page layout and design and other material contained in the services or information presented through the services by SnowBird Beaches, LLC or its licensors (the "content"), is copyrighted by SnowBird Beaches, LLC and/or its licensors under united states and international copyright laws, is subject to other intellectual property and proprietary rights and laws, including trademark and patent laws, and is owned by SnowBird Beaches, LLC or its licensors. The content may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of SnowBird Beaches, LLC and our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any content. You acknowledge and agree that the service and any necessary software used in connection with the service ("software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SnowBird Beaches, LLC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software, in whole or in part. SnowBird Beaches, LLC grants you a personal, non-transferable and non-exclusive right and license to use the object code of its software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the service. You agree not to access the service by any means other than through the interface that is provided by SnowBird Beaches, LLC for use in accessing the service.
License: You hereby grant to SnowBird Beaches, LLC and its successors and assigns, a worldwide, perpetual, irrevocable, royalty-free, sublicense able right, in any media now known or currently known, to exercise all copyright and other intellectual property rights with respect the content you provide to us to be published on the SnowBird Beaches, LLC web sites or on or through the services or otherwise through the services, to use, distribute, display, reproduce, modify and create derivative works from such material, in any and all media, in any manner, in whole or in part, without any duty to account to you. The foregoing does not apply to content contained on hyper linked pages or any other content you do not submit to us.
Property Substitutions Each listing, or advertisement may only relate to a specific property or unit number. The property in an advertisement may not be substituted by another property or unit number. If an advertiser submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and may choose, in our sole discretion, to retain any fees associated with the term of the previously existing listing as compensation for the violation of this condition.
No Advertising More than One Property on One Listing or Advertisement.
Each listing or advertisement on the Site displays an individual and uniquely identified property available for short-term rental. Only one property can appear on each advertisement unless it is a property with multiple rental units on the same site and additional advertising units are purchased. The listing specifically cannot be a broad example of properties in each area. Snowbird Beaches LLC reserves the right to amend the copy or remove any advertisement when more than one property is described in such listing or advertisement, and may choose, in our sole discretion to retain any fees associated with the initial term of such non-conforming listing as compensation for the violation of this condition.
Miscellaneous: The terms constitute the entire and exclusive and final statement of the agreement between you and SnowBird Beaches, LLC with respect to the subject matter hereof, and govern your use of the services, superseding any prior agreements or negotiations between you and SnowBird Beaches, LLC with respect to the subject matter hereof. The terms and the relationship between you and SnowBird Beaches, LLC shall be governed by the laws of the state of Alabama as applied to all agreements made, entered into between the parties. Each party hereby consents to the sole and exclusive jurisdiction and venue of the Federal and State Courts of Baldwin County Alabama. Further you, hereby irrevocably submit to the exclusive personal jurisdiction of such Courts for any and all disputes between the parties. Service of process in any such action may be affected either by certified mail, return receipt requested or by recognized national private carrier where you or your authorized agent accepts delivery of such service of process. Our failure to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision. If any provision of the terms is found by a Court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the services or the terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the terms are for convenience only and have no legal or contractual effect.