Terms of Use
By accessing, registering, listing or using this web site, you accept these
Terms of Use. This is a legal agreement (the "Agreement") between you, the user
("Visitor, Rental Owner, Renter")
and CabinResorts.com ("http://www.cabinresorts.com").
GENERAL
CabinResorts.com
and its subsidiaries and affiliates, require that all visitors to our web site(s) ("Site") read and agree to the following rules and regulations and other
applicable laws. By proceeding and accessing the Site, you indicate your
acknowledgement and acceptance, without limitation or qualification, of these
binding terms and conditions. If you do not agree to these terms and conditions,
please do not use this Site. Those who choose to access this Site from locations
other than the United States do so on their own initiative and are responsible
for compliance with local laws if, and to the extent, local laws are applicable.
NOTICE
CabinResorts.com is a listing agent only, we assume
no responsibility and in no way warrant the accuracy of the information
contained in any of the pages of this web site. It is the responsibility of the
Rental Owners and Renters to conduct their own investigation regarding any and all
claims made by prospective renters and/or property owners. Rental Owners and Renters
assume all liability for the information obtained on the CabinResorts.com web
site.
LISTING POLICY
CabinResorts.com reserves the right
to cancel any contract at its sole discretion and for any reason. By registering
and/or listing on our site, you agree to to the listing guidelines.
Qualification of parties renting your property is the sole responsibility of you
the owner. CabinResorts.com is not responsible for the collection of any
fees or rental money due the owners.
REFUND POLICY
If for any reason you are unsatisfied with your purchase, a complete refund for
the full amount will be issued for up to 30 days
after payment is made. To help improve our services, please let us know your
reason for a refund request. Please contact us to receive a refund. Renewals are not pro rated or refunded.
COMPLAINTS FROM RENTERS
CabinResorts.com reserves the right to terminate contracts with owners that are
found to be misrepresenting a property, where CabinResorts.com receives
complaints from property renters. A pro rated refund will be offered if a
listing is removed from CabinResorts.com.
EDIT AND REMOVE POLICY
CabinResorts.com reserves the right to remove, edit, modify any listing at our
discretion without notice. CabinResorts.com is not responsible for your listing.
SUBMITTED INFORMATION
You agree not to submit to the Site any information that infringes upon or
violates the privacy, rights, trademarks, copyrights or other intellectual
property rights of others, anything that is illegal, defamatory, obscene,
harassing, offensive, objectionable or sexually explicit, that encourages a
violation of the law, that contains a virus, that is off-topic, or, without
CabinResorts.com permission, that contains any solicitation or advertising. You
agree to indemnify and hold harmless CabinResorts.com from any damages and
costs, including without limitation court costs and attorneys' fees, arising
from your use of the Site. By submitting information to the Site, you grant
CabinResorts.com the royalty-free, perpetual, irrevocable, non-exclusive right
to use, edit, copy, modify, adapt, combine, incorporate, publish, publicly
perform, translate and distribute all or part thereof in any form and for any
purpose whatsoever, and you also permit other users of the Site to use that
information subject to the rules of the Site. CabinResorts.com shall have the
right, but not be obligated to, monitor the Site to determine users' compliance
with this Agreement and applicable laws. CabinResorts.com shall have the right
in its sole discretion to not publish or remove any and all submitted
information
YOUR SERVICE
You represent and warrant that you are of legal age to enter into this Agreement
and use the Site pursuant to this Agreement, and that the information you submit
will be true and accurate. You agree to pay for all goods and services that you,
or others using your account, order through the Site, and to pay any taxes
levied on your use of the Site or your transactions on the Site, except for
those based on CabinResorts.com annual net income. Additional terms and
conditions may apply to your purchase via the Site of goods and services from
third parties, and you agree to fully comply with those third parties' terms and
conditions.
UNAUTHORIZED USE
Unless otherwise provided within these Terms, or unless specific applicable law
requires CabinResorts.com to allow you to do so, you may not do any of the
following without the prior written consent of CabinResorts.com:
-
Use any robot, spider, other automatic device, or manual process to monitor,
copy, or keep a database copy of the content. This includes the harvesting of
emails from this website. Which means to take emails posted on this site and
spam or sell them.
-
Use the inquire forms to spam or advertise CabinResorts.com advertisers.
Violation of this term is subject to fines of up to $11,000.
BANDWIDTH THEFT
Stealing of bandwidth is illegal without prior permissions and is punishable by
law and will be done so to the full extent of the law by CabinResorts.com
COPYRIGHT
The entire content included in this Site, including, but not limited to text,
graphics, audio, video, or code is copyrighted as a collective work under the
United States copyright laws, international conventions and treaties, and other
copyright laws, and is the property of CabinResorts.com. The collective work may
include works that are licensed to CabinResorts.com. With exception to the
subsite of this Site for the permitted commercial download of the
CabinResorts.com corporate brochure and authorized photographs (which subsite
has its own terms and conditions of use that are specific to that subsite),
permission is hereby granted to electronically copy and print hard copy portions
of this Site for the sole purpose of placing an order with CabinResorts.com or
purchasing CabinResorts.com products. You may display and, subject to any
expressly stated restrictions or limitations relating to specific material,
download, or print portions of the material from the different areas of the Site
solely for your own non-commercial use, or to place an order with
CabinResorts.com or to purchase CabinResorts.com products. Any other use,
including but not limited to the reproduction, distribution, display, or
transmission of the content of this Site is strictly prohibited. You further
agree not to change or delete any proprietary notices from materials downloaded
from the Site.
TRADEMARK
All trademarks, service marks, word marks, and trade names (collectively
"Marks") of CabinResorts.com used on this Site (including but not limited to the
"CabinResorts.com" name and the CabinResorts.com Logo) are trademarks or
registered trademarks of CabinResorts.com. By using CabinResorts.com's marks on
this site, CabinResorts.com is not granting you any license to utilize the
proprietary marks. Any unauthorized use of the marks may violate copyright laws,
trademark laws, the laws of privacy and publicity, and civil and criminal
statutes. The use of CabinResorts.com trademarks on any other website or network
computer environment, without the express written consent of CabinResorts.com,
is strictly prohibited.
The logo of CabinResorts.com, is the soul property of
CabinResorts.com. Description of the logo is as follows: The log cabin or log
home graphic in the sketch draw formats as seen in the header and of this
website and other CabinResorts.com property with any color of CabinResorts.com
and should not be used without the permission of CabinResorts.com. Theft of this
logo and misuse will result in punishment by the maximum extent of the law.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND THE MATERIALS AND LISTINGS IN THIS SITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOUR USE OF THIS
SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, CABINRESORTS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CABINRESORTS.COM DOES NOT
REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE
OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. CABINRESORTS.COM DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS
REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
CABINRESORTS.COM SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE
OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF CABINRESORTS.COM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify, defend and hold CabinResorts.com and all of its agents,
directors, employees, information providers, licensors and licensees, officers
and parent (collectively "Indemnified Parties") harmless from and against any
and all liability, costs, losses, expenses, damages (including, without
limitation, attorney's fees and costs), incurred by the Indemnified Parties in
connection with any claim arising out of any breach by you of these Terms and
Conditions of Use or the foregoing representations, warranties and covenants,
including negligent or wrongful conduct. You will cooperate as fully as
reasonably required in CabinResorts.com's defense of any claim. CabinResorts.com
reserves the right, at its 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 the express written consent of
CabinResorts.com.
THIRD-PARTY LINKS
In an effort to provide you with a valuable site, CabinResorts.com may choose
various third-party web sites to link to from its own Site. However, even if the
third-party is affiliated with CabinResorts.com, CabinResorts.com has no control
over these linked web sites, each of which may have their own privacy and data
collection policies, independent of CabinResorts.com. CabinResorts.com has no
responsibility or liability for these independent policies or actions and is not
responsible for the privacy practices or the content of such web sites. These
linked web sites are only for your convenience, and therefore, you access them
at your own risk.
TYPOGRAPHICAL ERRORS
In the event a CabinResorts.com service is listed at an incorrect price due to
typographical error or error in pricing information received from our suppliers,
CabinResorts.com shall have the right to refuse or cancel any orders placed for
services listed at the incorrect price. CabinResorts.com shall have the right to
refuse or cancel any such orders whether or not the order has been confirmed and
your credit card has already been charged. If your credit card has already been
charged for the purchase and you order is cancelled, CabinResorts.com shall
issue a credit to your credit card account in the amount of the incorrect price.
CONTESTS
This Site may contain contests or sweepstakes that require you to submit
material or information about yourself or offer prizes. Each contest has its own
rules, which you must read and agree to before you may enter.
TERM AND TERMINATION
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration, survey, contest or listing process. These
Terms and Conditions of Use or any of them individually, may be terminated by
CabinResorts.com without notice at any time for any reason. The provisions
relating to Copyright, Trademark, Disclaimer, and Limitation of Liability,
Indemnification, and Miscellaneous, shall survive any termination.
CabinResorts.com reserves the right to add to, change, or remove any part of
these Terms and Conditions of Use at any time, without notice. Any changes to
these Terms and Conditions of Use or any other terms posted on this site apply
as soon as they are posted. By continuing to use this site after any changes are
posted, you are indicating your acceptance of these changes as well as all other
terms and conditions. CabinResorts.com may add, change, discontinue, remove, or
suspend any other content posted on this site, including features and
specifications of products described or depicted on the Site, temporarily or
permanently, at any time, without notice and without liability.
NOTICE
CabinResorts.com may deliver notice to you by means of email, a general notice
on the site, or by written communication delivered by first class U.S. mail to
your address on record in CabinResorts.com's account information.
MISCELLANEOUS
Your use of this Site shall be governed in all respects by and construed in
accordance with the laws of the State of California, U.S.A., without regard to
choice of law provisions, and not by the 1980 Convention on Contracts for the
International Sale of Goods. Specifically, this Agreement shall be subject to
California Commercial Code §2101 et seq., "Sales." You agree that jurisdiction
over and venue in any legal proceeding directly or indirectly arising out of or
relating to this Site (including but not limited to the purchase of
CabinResorts.com services) shall be in the state or federal courts located in
Union County, Illinois. Any cause of action or claim you may have with respect
to the Site (including but not limited to the purchase of CabinResorts.com
products) must be commenced within one (1) year after the claim or cause of
action arises. CabinResorts.com's failure to insist upon or enforce strict
performance of any provision of these Terms and Conditions of Use shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any of these terms
and conditions. CabinResorts.com may assign its rights and duties under this
Agreement to any party at any time without notice to you. If, for any reason, a
court of competent jurisdiction finds any provision of these Terms and
Conditions of Use, or any portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect the intent
of this agreement, and the remainder of these Terms and Conditions of Use shall
continue in full force and effect.
USE OF SITE
As long as you comply with these Terms and Conditions of Use, CabinResorts.com
grants you a non-exclusive, non-transferable, limited right to enter, display,
and use this Site for your own non-commercial use. You agree not to interrupt or
attempt to interrupt the operation of this Site in any manner. By using
the services offered by CabinResorts.com you agree to the terms and conditions
stated in this disclaimer.
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