TERMS AND CONDITIONS

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TERMS AND CONDITIONS FOR RENTAL PROPERTIES

By engaging with Stayinthemountains.com, its associated domains, subdomains, mobile versions, or any platform under our management where this set of guidelines is presented (hereafter collectively referred to as "the Platform"), you acknowledge your acceptance of these binding guidelines and our Privacy Policy. These documents together are referred to as the "Agreement". Please review the Agreement thoroughly as it contains crucial information regarding your legal rights, including clauses about liability limitations and conflict resolution through arbitration instead of in court.

Your booking or utilization of the Platform, including any of its affiliate sites or subdomains, is conditioned upon your acceptance of the terms and conditions present on the Platform where your booking is completed, not on any affiliate site where the property might be listed. In case of discrepancies between the Platform's terms and conditions and those of the affiliate site where the property was found or the booking was initiated, the terms at the site of booking completion prevail. Access or use of the Platform is not authorized without full agreement to the Agreement and any linked terms. The term "use" or "access" within this Agreement explicitly includes all interactions with or via the Platform, including cached versions, and any direct or indirect access or use of information from the Platform, however obtained.

The Platform is operated by Stay In The Mountains, LLC, or an affiliate, and the entity in control of the Platform is herein referred to as "Stay In The Mountains", "we", "us", or "our". The term "you" applies to any user who browses the Platform, lists a property, requests a booking, or interacts with our customer service agents. It is your responsibility to carefully read through all the terms, which form a legally enforceable agreement between you and Stay In The Mountains. Platform usage is only permitted to individuals who are at least 18 years old and have the capacity to enter into legally binding contracts. We do not collect information from individuals under the age of 18. If you access the Platform via another website or link, the Agreement governs your use of the Platform.

Please be mindful of the following detailed provisions which are part of the Agreement, and refer to the complete Agreement for a full understanding of your rights and obligations.

1. The Site is a Platform and We are Not a Party to any Rental Agreement or other Transaction Between Owner and Guest 

We encourage all individuals interacting with our platform to practice diligence and responsibility in their engagement, be it listing or leasing a property. Our platform merely facilitates the connection between property owners or managers, referred to as "Owners," and those seeking to rent these properties, referred to as "Guests". We do not possess, control, or engage in agreements for any listed rental property. Our platform serves as a digital marketplace where Owners can present and lease their vacation or temporary rental properties to Guests in various pricing models. Some Owners may have their offerings initially posted on different platforms, which are subsequently syndicated on our platform. While our platform may enable online reservations and offer additional tools or services to facilitate communication and transactions among users, we are not participants in the contractual agreements formed between Guests and Owners. Responsibility for the quality, condition, safety, legality, and accuracy of listings, as well as the capacity of Owners to lease and Guests to contract such properties, rests entirely with the respective users. Users must recognize that engaging in property rentals may require entering separate agreements or terms, and Stay In Th Mountains or its related entities may impose further conditions on your transactions.

Users are responsible for adhering to all applicable laws, regulations, and rules in their use of our platform and in any transactions made via our platform. Owners must comply with all relevant legislation, including but not limited to taxation, payment processing, data protection, licensing, zoning, safety, and anti-discrimination requirements. It is important to note that although we are not involved in rental transactions and thus not liable for legal compliance regarding listed properties, we may be legally compelled to share information related to listings to comply with governmental inquiries, legal proceedings, or investigations, which we will do at our discretion.

Owners who collect payment information from Guests are expected to manage and protect this data in line with all legal and regulatory standards and best practices.

We advise travelers to investigate their intended destinations and review any travel advisories or warnings issued by the United States Government. Despite our efforts to inform users of potential fraudulent or illegal activities and to take precautionary measures, we are not liable for any failure of such communications or measures to prevent harm or impact.

2. Limited License for Platform Use

Users are provided a conditional, cancellable, non-exclusive right to access our platform and its resources strictly for legitimate activities such as advertising a property, seeking a property, engaging in transactions for products or services offered, or using any interactive services provided by the platform. This right is subject to adherence to these Terms. Any usage beyond these stated purposes, not aligned with these Terms, or not expressly authorized by us in written form is strictly forbidden.

3. Prohibited Activities on the Platform

The permission granted to you for using the Platform is limited strictly to the activities expressly detailed within these Terms. This permission does not extend to any form of data harvesting, accumulation, replication, scraping, duplication, display, or any derivative use of the Platform. It also excludes any usage of data extraction tools, robots, spiders, or similar mechanisms without our direct consent in writing, except for general internet search engines that utilize such tools solely to direct hyperlinks to the Platform, provided they operate from a consistent IP address or range and follow our directives for robots. Search engines or services offering classified listings or rental advertisements, or any service competing with our offerings, are not included in this exception.

You are bound by the agreement not to engage in any of the following unauthorized activities:

· Commercial exploitation of the Platform or its contents, except as permitted for Owners in compliance or under an authorized software license from the Platform.

· Utilizing the Platform or its tools for soliciting or booking rentals not officially listed or outside the approved payment structures.

· Copying, displaying, republishing, distributing, or transmitting content from the Platform in any form.

· Framing or employing framing techniques to enclose any content of the Platform.

· Deep linking to any part of the Platform without explicit permission.

· Modifying or creating derivatives from any content on the Platform.

· Reverse engineering any aspect of the Platform.

· Selling, sublicensing, or otherwise transferring any rights to the content or access to the Platform.

· Misusing the Platform's inquiry or booking functions.

· Transmitting false, misleading, fraudulent, or illegal communications or content.

· Infringing on the rights of the Platform, other users, or third parties.

· If you identify or encounter any content, activity, or communication through the Platform that may violate these restrictions or any other provision of these Terms, you are encouraged to inform us immediately.

4. Ownership Rights and Content Usage

All content and information on the Platform are protected under copyright laws. You agree to respect all copyright notices and restrictions related to Platform content. Unauthorized storage, access, or use of the Platform's content for purposes other than noncommercial personal use is strictly prohibited without our consent. For legitimate rental inquiries, you are allowed to download and print content from the Platform, provided you do not alter it and maintain all copyright notices.

5. Email Addresses, Privacy, and Data Handling

By providing your email and other data, you consent to be included in our communications and user database. You may receive promotional messages from the Platform or our affiliates, with the option to opt-out at any time. Our Privacy Policy details our data handling practices, and by using the Platform, you acknowledge and agree to these terms. We cannot guarantee the verification of each user's identity on the internet. We encourage direct communication between users through the available tools on the Platform but remind you that this does not ensure the identity of the person you're communicating with. You agree to maintain the confidentiality of your account and password information and to inform us of any unauthorized use.

6. Communication Restrictions and Personal Information Use

You are only authorized to use other users' personal information obtained from the Platform for Platform-related communications, services, and transactions. Unauthorized use or disclosure of such information is prohibited.

7. Software Available on the Site.

The Site is controlled and operated by Stay In the Mountains or an affiliate of Stay In The Mountains in the United States. Software available on the Site (the “Software”) is subject to United States export controls. No Software available on the Site or software available on any other site operated by Stay In the Mountains or an affiliate of Stay In the Mountains in the United States may be downloaded or otherwise exported or re-exported to any country to which the United States has embargoed goods, or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

All Software is the copyrighted work of Stay In the Mountains, an affiliate of Stay In the Mountains or an identified third party. Your use of such Software is governed by these Terms and the terms of any additional license agreement that accompanies or is included with such Software. If the Software is not accompanied by an additional license agreement, we hereby grant you a limited, personal and nontransferable license to use the Software for viewing and using this Site in accordance with these Terms and for no other purpose.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. COPYING OR REPRODUCING ANY SOFTWARE AVAILABLE ON THIS SITE IS EXPRESSLY PROHIBITED, EXCEPT AS SPECIFICALLY PROVIDED FOR IN A LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

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8. Links to Third-Party Sites.

This Site may contain links and pointers to other Internet sites, resources and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third-party site, such as a Social Media Site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.

9. Limitation of Liability.

IN NO EVENT WILL STAY IN THE MOUNTAINS, OR ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE “SITM GROUP”), OR ANY THIRD-PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY SITE OF A OWNER OF THE HOMEAWAY GROUP (EACH A “THIRD-PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE, OR ANY THIRD PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD PARTY (E) ANY USER-CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR SITE AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SITE AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVES A FEE IN CONNECTION THEREWITH) BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY OWNER OF THE SITM GROUP, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE TOTAL AMOUNT OF FEES YOU PAY TO US IN CONNECTION WITH ANY TRANSACTION FROM WHICH A DISPUTE ARISES.

10. Disclaimers.

THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS.“ TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER-CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER-CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THAT MAY BE OFFERED ON THE SITE) THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.

YOU FURTHER ACKNOWLEDGE THAT BY DISPLAYING INFORMATION OR PROPERTY LISTINGS IN PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK AND ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO TRAVEL TO ANY DESTINATION.

11. Release; Indemnification.

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT) OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE EACH OWNER OF THE HOMEAWAY GROUP, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH OWNER OF THE SITM GROUP (COLLECTIVELY, THE “INDEMNIFIED PARTIES“) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHTOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM.

WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.

12. Miscellaneous

a. Governing Law and Venue: This Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles. Any legal suit, action, or proceeding arising out of or related to this Terms & Conditions or the transactions contemplated hereby shall be instituted exclusively in the courts of Pitkin County, Colorado. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

b. Dispute Resolution: In the event of any dispute, claim, question, or disagreement arising from or relating to this Terms & Conditions or the breach thereof, the parties hereto shall first endeavor to settle the dispute through good faith negotiation. If the dispute cannot be settled through negotiation within thirty (30) days, the parties agree to attempt in good faith to settle the dispute by mediation administered by one mediator through the American Arbitration Association (AAA) before resorting to arbitration. The mediation shall be conducted under the then-current AAA mediation rules. Should mediation not result in a resolution, the dispute shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted by one arbitrator mutually agreed upon by the parties, and if the parties cannot agree on an arbitrator, the arbitrator shall be appointed by the AAA. The location of the arbitration shall be in Pitkin County, Colorado, unless both parties agree to a different location in writing. The parties agree that the decision or award resulting from such arbitration shall be final and binding upon them, and that this arbitration clause shall be specifically enforceable in any court of competent jurisdiction. The prevailing party in any arbitration or legal proceeding related to this Terms & Conditions shall be entitled to recover its reasonable attorneys' fees and costs.

c. Force Majeure. Neither party shall be held liable for any failure to perform its obligations under this Terms & Conditions if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including but not limited to, acts of God, natural disasters, pandemics, terrorism, war, government action, or any other event that is deemed a force majeure. Upon the occurrence of any such event, the affected party shall notify the other party as soon as reasonably possible and shall make all reasonable efforts to resume performance of its obligations as soon as practicable.

d. Relationship of the Parties. The parties hereto are independent contractors and not employees of each other. Nothing in this Terms & Conditions, and no course of dealing between the Parties, shall be construed to create or imply an employment, agency, partnership, or joint venture relationship between the Parties. Neither party shall be entitled to enter into any Terms & Conditions or otherwise bind the other party except as specifically authorized hereunder and/or as pre-approved by such other party in advance.

e. Attorneys' Fees. If any legal action is commenced related to, or arising out of, this Terms & Conditions, the prevailing party in such action shall recover all reasonable out-of-pocket costs actually incurred in connection with defending or prosecuting the action, including, without limitation, all reasonable and out-of-pocket court or arbitration costs or mediation costs and reasonable expert fees and outside attorneys' fees.

f. Severability. If any clause or portion of this Terms & Conditions shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining clauses or portions shall remain in full force and effect.

g. Assignment. Stay In The Mountains reserves the right to assign, transfer, or delegate any of its rights or obligations under this Terms & Conditions freely without the consent of the Brand Ambassador. The Brand Ambassador may not assign this Terms & Conditions, nor any right or interest herein, in whole or in part, without the express written consent of Stay In The Mountains. Any purported assignment by Owner that is not expressly permitted by this clause shall be null and void.

h. Waiver. No waiver of any term or right in this Terms & Conditions shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of either party to enforce any clause of this Terms & Conditions shall not be construed as a waiver or modification of such clause, or impairment of its right to enforce such clause thereafter.

i. Entire Terms & Conditions; Modification. This Terms & Conditions is the entire agreement with respect to its subject matter and supersedes any prior agreement or communications whether written or oral. No representation, inducement, or promise has been made or relied upon by either party, unless expressly set forth in these Terms & Conditions. This Terms & Conditions may be modified only by a written amendment signed by authorized representatives of both parties. To the extent that the terms are inconsistent with the terms of any attachment, the terms hereof shall govern, unless specifically set forth to the contrary therein.

j. Survival. The provisions which are intended to survive any expiration or termination shall so survive, including without limitation, confidentiality, limitation of liability, representations & warranties, and indemnifications.

TERMS AND CONDITIONS FOR SERVICES, ANY RENTALS AND CONVENIENCES 

Please review the Stay In The Mountains Service Usage Terms ("Terms") with attention. These Terms regulate your access and use of the Stay In The Mountains website and mobile app (together, the "Platform"), including all services provided through the Platform. Additionally, the Terms encompass critical details regarding your legal rights, remedies, and responsibilities. By accessing or utilizing the Platform, you consent to adhere to and be legally bound by these Terms.

Important: The Terms include an arbitration requirement that introduces an arbitration requirement, foregoes the right to a jury trial, and prohibits class actions for all Platform users. This clause is applicable to any disagreements involving Stay In The Mountains and alters the process of resolving such disputes. By using the Platform, you accept the terms of arbitration.

Our privacy policy outlines how we collect and use personal data in relation to your access and use of the Platform or its services.

You are not authorized to use this Site unless you are at least 18 years of age and able to enter into legally binding contracts. We do not knowingly collect the information of anyone under the age of 18. If you arrived on the Site after having been re-directed or otherwise clicking on another website, you agree that these Terms shall govern your use of this Site.

We reserve the right to modify these Terms occasionally to mirror changes in our operational practices or legal requirements. Your continued use of the Platform following any modifications to these Terms constitutes your acceptance of those modifications. However, any changes to the Arbitration and Dispute Resolution Agreement will be governed by the terms within that agreement.

1. Stay In The Mountains Operates the Platform

Stay In The Mountains operates an online platform that connects third-party providers who offer services such as baby and family equipment rentals, equipment cleaning, and delivery of supplies (referred to as "Independent Convenience Specialists" or "ICSs") with users looking to book these services ("Users"). This platform allows ICSs to list their services and communicate directly with users interested in booking them.

The platform features content owned by Stay In The Mountains or content we have the rights to use ("Stay In The Mountains Content"), alongside contributions from ICSs, which may include text, images, videos, and other media ("ICS Content").

To access and use the platform, you must be at least 18 years old. Certain features, like viewing your order history, require you to create and register a Stay In The Mountains account. It's important to keep your account details safe and confidential. If you suspect your account details have been compromised or used without authorization, you should notify us immediately. You are responsible for any activity that occurs through your Stay In The Mountains account.

If you choose to connect your account to Facebook or another third-party site, allowing us access to your profile or information, you acknowledge that any public information on your social media profile may be used by us in connection with the platform.

2. Stay in the Mountains is Not a Direct Service Provider

We host the platform but do not directly offer or control any of the services listed by ICSs. The responsibility for providing services rests solely with the ICSs. When you book services with an ICS, you're entering into a direct contract with them, not with us. Although we're not a party to these agreements, ICSs are considered third-party beneficiaries under certain sections of these terms, including those covering liability limits and indemnification.

We cannot guarantee the quality, safety, legality, or accuracy of the services listed or the ICSs themselves. We don't endorse any ICS and recommend that you exercise caution and do your due diligence when interacting with or booking services from an ICS.

The platform may also feature links to third-party resources or websites that are not affiliated with ICSs. These external sites may have their own terms and privacy policies, and we are not responsible for their content, availability, or the services/products they offer. Links to such resources do not imply our endorsement.

3. Service Terms and Conditions

While we don't directly offer the services, as the platform's provider, we work with Independent Convenience Specialists (ICSs) to establish certain terms and conditions for the services. This ensures that you receive consistent service no matter which ICS and in which location you choose.

These terms are designed to ensure a smooth experience on our platform, whether you're renting equipment, requesting deliveries, or booking conveniences.

a. Requesting Services

You can request services from ICSs in specific areas through our platform by choosing an ICS in your desired location and emailing the local ICS directly, or, if available, adding the services you want to your shopping cart.

b. Payment and Tips

The total cost, including all fees and taxes for the services you request, will be shown on the platform. Some services might have a minimum charge. You agree to pay this total cost. We'll charge your payment method when you request the services. ICSs don't take cash or checks (except for tips or payments for repairs or replacements). You can tip your ICS through the platform or in cash after receiving the service.

c. Unavailable Service Requests

If the ICS you've chosen can't provide the requested service for any reason, we'll let you know and refund you.

d. Delivery/Pick-Up and Service Times

The ICS will coordinate directly with you to decide on the delivery/pick-up or service times. Make sure you provide accurate and complete information for delivery/pick-up. Delivery/Pick-Up must be in a window we can access your rental property. We will attempt to enter your property before you arrive but if the owner is not amenable to this we will enter shortly after your check-in time. 

e. Additional Service Requests

If you want more services after your initial request, you can ask for them through the platform or by contacting the ICS. We'll charge you at the rates listed on the platform for these extra services.

f. If You're Unhappy with the Services

If there's an issue with the services you've received, you must inform the ICS within 24 hours to be eligible for a refund or replacement. The actual equipment might differ from photos shown.

g. Convenience Fees

You might be charged extra for deliveries or cleanings outside normal business hours or on holidays. Fees will be discussed before confirmation. If a delivery or service can't be completed because of issues caused by you and not an ICS, you'll also face a convenience fee.

h. Cancelling Services

You can find our cancellation and refund policy in our FAQs. We also offer a "Cancel For Any Reason" option, which has its own terms and conditions.

i. Minor Damage Charge

If you damage rental equipment, you might be charged for minor repairs. The maximum charge is detailed in our FAQs.

j. Damage Protection

· For equipment rented from U.S.-based ICSs, we offer a Damage Protection program. You might need to pay a fee for this protection.

· For equipment from ICSs outside the U.S., if equipment is lost, stolen, or damaged beyond repair, you'll pay the market value plus any shipping costs for replacements.

k. Equipment Rental Terms

· You can extend your rental period by emailing us directly, with charges applied for the extra time. If we can, we will extend. 

· You're responsible for returning equipment in good condition. Fees apply for cleaning or damage.

· Follow all manufacturer guidelines and laws for using rental equipment.

l. Supply Delivery Services

· Product availability varies by location and ICS. If a product can't be delivered, you won't be charged for it.

· We're not liable for any issues with third-party products delivered by ICSs.

4. Ownership and Rights to the Platform and Its Content

The Stay In The Mountains platform and all its content, along with all related intellectual property rights, are owned exclusively by Stay In The Mountains and its licensors. This includes all trademarks, service marks, logos, and any other proprietary identifiers associated with Stay In The Mountains, whether used directly on the platform or related to its content, recognized both in the U.S. and internationally.

Provided you follow these Terms, we offer you a limited, non-exclusive, non-transferable, and revocable license to access and use our platform. This license allows you to view any content available through the platform for your personal, non-commercial use only. No implied rights or licenses are granted to you under any intellectual property owned or controlled by Stay In The Mountains, its licensors, or any Independent Convenience Specialists, other than the explicitly stated licenses and rights in these Terms.

Given the unpredictable nature of the Internet, we can't promise that the platform will be available without interruption. We might limit access to the platform or certain features from time to time for reasons like server capacity, security, or maintenance, all aimed at ensuring or improving its functionality. We're always working to enhance the platform and may introduce new features or improvements at any time.

5. Please Do Not Do The Things Below

When using the platform, there are several things you are prohibited from doing, including but not limited to:

· Using the platform or its content for unauthorized commercial purposes;

· Reproducing, modifying, distributing, or otherwise exploiting the platform or its content;

· Accessing or using any information on the platform in a way that violates our privacy policy, these Terms, or infringes on others' privacy;

· Sending spam or unsolicited messages through the platform;

· Soliciting platform users for services not related to your service requests;

· Bypassing the platform to request or pay for services to avoid fees;

· Engaging in discriminatory, harassing, or harmful behavior;

· Misrepresenting the platform or its content, including framing or mirroring without authorization;

· Using the platform's content or trademarks in a way that could dilute or tarnish the Stay In The Mountains brand;

· Employing automated means to access or interact with the platform;

· Circumventing any security measures we've put in place to protect the platform;

· Attempting to reverse engineer or decompile the software of the platform;

· Taking actions that could negatively affect the platform's functionality or performance;

· Violating any applicable laws, including export controls, in relation to your use of the platform;

· Infringing on others' rights or causing harm.

We reserve the right to monitor and control access and use of the platform to improve its operation, ensure compliance with these Terms, and comply with legal requirements. We may intervene to address any content or behavior that we find objectionable or harmful at our discretion. You're expected to cooperate with us in these efforts.

6. Account Termination or Suspension

We may terminate or suspend your access to the platform and your account without prior notice if you breach these Terms, violate any laws or rights, or if we deem such action necessary to protect Stay In The Mountains, its users, or third parties. If your account is suspended or terminated, you are not permitted to open a new account or access the platform using another user's account.

7. Disclaimers

Opting to utilize the Platform and its Content is a choice made independently and at your own risk. The Platform and its Content are offered "as is," with no guarantees, whether explicit or implicit.

Should we undertake identity checks or background screenings on any Independent Convenience Specialist within the bounds of applicable law, we do not warrant that these measures will uncover previous misconduct by an ICS or ensure that an ICS will refrain from future misconduct.

It's important to recognize that we are not involved in any dealings between you and any ICS. We do not have any influence over, nor do we assure the existence, quality, safety, appropriateness, or legality of any services offered by ICSs, nor the veracity or precision of any content or reviews provided by ICSs or their conduct.

These disclaimers are enforced to the fullest extent allowed by law. While you may possess additional legal rights, the extent of legally required warranties, if applicable, is limited as far as the law permits.

8. Liability Limitations

If the Platform does not meet your expectations, you disagree with any part of these Terms, or you have any dispute or claim against us, any Independent Convenience Specialist, or another User regarding these Terms, the Platform, or the Services, stopping your use of the Platform is your only and definitive resolution against us.

You agree that, within the legal limits, all risks related to accessing and using the Platform and its Content, engaging with the Services, and any interaction with ICSs or other Users, whether in person or online, are yours to bear. Engaging with certain rental equipment, such as trampolines, inflatables, and play structures, could lead to physical harm, particularly when used simultaneously by several people. It is your duty to assess any ICS and their equipment to decide if it fits your needs. Stay In The Mountains, along with any entities involved in the creation, production, or delivery of the Platform, its Content, or the Services, including ICSs (referred to as “Released Parties”), cannot be held accountable for any indirect, special, punitive, or consequential damages, including but not limited to loss of profits, data, or goodwill, interruptions in service, computer or system malfunctions, the cost of alternative products or services, or for any damages related to personal injury or emotional distress that arise from (a) these Terms, (b) using or the inability to use the Platform or its Content, (c) interactions with other Users or individuals met through the Platform, or (d) utilizing the Services, including the usage of any rental equipment, the use of your equipment post-cleaning, or the consumption or use of any delivered products, regardless of the legal basis of the claim, and whether or not the possibility of such damages has been communicated to us, even if a remedy outlined herein fails its essential purpose.

Aside from our duty to pay amounts due to Independent Convenience Specialists or issue refunds to Users as outlined in these Terms, our total liability and that of other Released Parties, resulting from or connected to these Terms, your use of the Platform, its Content, or the Services, or your interactions with ICSs or other Platform users, will not exceed the smaller of $100.00 (USD) or the total amount you have paid or are liable for services procured through the Platform in the twelve months preceding the event that led to the liability.

The outlined limitations on damages are crucial aspects of the agreement between you and us. The restrictions mentioned might not be applicable in all jurisdictions. If you're based outside the U.S., these limitations do not affect our liability for death or personal injury resulting from our negligence, nor for fraudulent misrepresentation, misrepresentation concerning a fundamental matter, or any other liability that cannot be excluded or limited under applicable law.

In the EU, our liability for deliberate and gross negligence, as well as for damages related to life, body, or health caused by our fault, follows statutory regulations. We are also liable for breaching key contractual duties due to negligence, but this liability is confined to foreseeable damages typical for this type of contract. All other liabilities are excluded.

9. Indemnification

You agree to release, defend (at our option), indemnify, and hold Stay In The Mountains, the Released Parties and its and their affiliates and subsidiaries, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your breach of these Terms or any laws, regulations or third party rights, (b) your improper use of the Platform, the Content, or any Services, and (c) your interaction with any Independent Convenience Specialist, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind.

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 may not in any event settle any matter without our prior written consent.

10. Miscellaneous

k. Governing Law and Venue: This Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles. Any legal suit, action, or proceeding arising out of or related to this Terms & Conditions or the transactions contemplated hereby shall be instituted exclusively in the courts of Pitkin County, Colorado. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

l. Dispute Resolution: In the event of any dispute, claim, question, or disagreement arising from or relating to this Terms & Conditions or the breach thereof, the parties hereto shall first endeavor to settle the dispute through good faith negotiation. If the dispute cannot be settled through negotiation within thirty (30) days, the parties agree to attempt in good faith to settle the dispute by mediation administered by one mediator through the American Arbitration Association (AAA) before resorting to arbitration. The mediation shall be conducted under the then-current AAA mediation rules. Should mediation not result in a resolution, the dispute shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted by one arbitrator mutually agreed upon by the parties, and if the parties cannot agree on an arbitrator, the arbitrator shall be appointed by the AAA. The location of the arbitration shall be in Pitkin County, Colorado, unless both parties agree to a different location in writing. The parties agree that the decision or award resulting from such arbitration shall be final and binding upon them, and that this arbitration clause shall be specifically enforceable in any court of competent jurisdiction. The prevailing party in any arbitration or legal proceeding related to this Terms & Conditions shall be entitled to recover its reasonable attorneys' fees and costs.

m. Force Majeure. Neither party shall be held liable for any failure to perform its obligations under this Terms & Conditions if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including but not limited to, acts of God, natural disasters, pandemics, terrorism, war, government action, or any other event that is deemed a force majeure. Upon the occurrence of any such event, the affected party shall notify the other party as soon as reasonably possible and shall make all reasonable efforts to resume performance of its obligations as soon as practicable.

n. Relationship of the Parties. The parties hereto are independent contractors and not employees of each other. Nothing in this Terms & Conditions, and no course of dealing between the Parties, shall be construed to create or imply an employment, agency, partnership, or joint venture relationship between the Parties. Neither party shall be entitled to enter into any Terms & Conditions or otherwise bind the other party except as specifically authorized hereunder and/or as pre-approved by such other party in advance.

o. Attorneys' Fees. If any legal action is commenced related to, or arising out of, this Terms & Conditions, the prevailing party in such action shall recover all reasonable out-of-pocket costs actually incurred in connection with defending or prosecuting the action, including, without limitation, all reasonable and out-of-pocket court or arbitration costs or mediation costs and reasonable expert fees and outside attorneys' fees.

p. Severability. If any clause or portion of this Terms & Conditions shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining clauses or portions shall remain in full force and effect.

q. Assignment. Stay In The Mountains reserves the right to assign, transfer, or delegate any of its rights or obligations under this Terms & Conditions freely without the consent of the Brand Ambassador. The Brand Ambassador may not assign this Terms & Conditions, nor any right or interest herein, in whole or in part, without the express written consent of Stay In The Mountains. Any purported a