TERMS & CONDITIONS
Terms of Use
1. Definitions. www.parkcityrentals.info is an on-line rental service operated
by Park City Rental Properties, on the World Wide Web of the Internet, consisting
of information services and content provided by Park City Rental Properties, affiliates of Park City Rental Properties and other third parties.
“”Subscriber”” means each person who establishes or accesses a connection (“”Account””)
for access to and use of www.parkcityrentals.info.
2. General. A. This Agreement, which incorporates by reference other provisions
applicable to use of www.parkcityrentals.info, governing the use of certain
specific material contained in www.parkcityrentals.info, sets forth the terms
and conditions that apply to use of www.parkcityrentals.info by Subscriber.
By using www.parkcityrentals.info (other than to read this Agreement for the
first time), Subscriber agrees to comply with all of the terms and conditions
hereof. The right to use www.parkcityrentals.info is personal to Subscriber
and is not transferable to any other person or entity. Subscriber is responsible
for all use of Subscriber’s Account (under any screen name or password) and
for ensuring that all use of Subscriber’s Account complies fully with the provisions
of this Agreement. Subscriber shall be responsible for protecting the confidentiality
of Subscriber’s password(s), if any. B. Park City Rental Properties shall have
the right at any time to change or discontinue any aspect or feature of www.parkcityrentals.info,
including, but not limited to, content, hours of availability, and equipment
needed for access or use.
3. Changed Terms. Park City Rental Properties shall have the right at any time
to change or modify the terms and conditions applicable to Subscriber’s use
of www.parkcityrentals.info, or any part thereof, or to impose new conditions,
including, but not limited to, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately upon notice
thereof, which may be given by means including, but not limited to, posting
on www.parkcityrentals.info, or by electronic or conventional mail, or by any
other means by which Subscriber obtains notice thereof. Any use of www.parkcityrentals.info
by Subscriber after such notice shall be deemed to constitute acceptance by
Subscriber of such changes, modifications or additions.
4. Equipment Subscriber shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access to and use
of www.parkcityrentals.info and all charges related thereto.
5. Subscriber Conduct.
A. Subscriber shall use www.parkcityrentals.info for lawful purposes only. Subscriber
shall not post or transmit through www.parkcityrentals.info any material which
violates or infringes in any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, which encourages conduct that would
constitute a criminal offense, give rise to civil liability or otherwise violate
any law, or which, without Park City Rental Properties’s express prior approval,
contains advertising or any solicitation with respect to products or services.
Any conduct by a Subscriber that in Reservations At The Point’s discretion restricts
or inhibits any other Subscriber from using or enjoying www.parkcityrentals.info’s
will not be permitted. Subscriber shall not use www.parkcityrentals.info to advertise
or perform any commercial solicitation, including, but not limited to, the solicitation
of users to become subscribers of other on-line information services competitive
with www.parkcityrentals.info.
B. www.parkcityrentals.info contains copyrighted material, trademarks and other
proprietary information, including, but not limited to, text, software, photos,
video, graphics, music and sound, and the entire contents of www.parkcityrentals.info
are copyrighted as a collective work under the United States copyright laws.
Park City Rental Properties owns a copyright in the selection, coordination,
arrangement and enhancement of such content, as well as in the content original
to it. Subscriber may not modify, publish, transmit, participate in the transfer
or sale, create derivative works, or in any way exploit, any of the content,
in whole or in part. Subscriber may download copyrighted material for Subscriber’s
personal use only. Except as otherwise expressly permitted under copyright law,
no copying, redistribution, retransmission, publication or commercial exploitation
of downloaded material will be permitted without the express permission of Park
City Rental Properties and the copyright owner. In the event of any permitted
copying, redistribution or publication of copyrighted material, no changes in
or deletion of author attribution, trademark legend or copyright notice shall
be made. Subscriber acknowledges that it does not acquire any ownership rights
by downloading copyrighted material.
C. Subscriber shall not upload, post or otherwise make available on www.parkcityrentals.info
any material protected by copyright, trademark or other proprietary right without
the express permission of the owner of the copyright, trademark or other proprietary
right and the burden of determining that any material is not protected by copyright
rests with Subscriber. Subscriber shall be solely liable for any damage resulting
from any infringement of copyrights, proprietary rights, or any other harm resulting
from such a submission. By submitting material to any public area of www.parkcityrentals.info,
Subscriber automatically grants, or warrants that the owner of such material
has expressly granted Park City Rental Properties the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate and distribute such material (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media or technology now
known or hereafter developed for the full term of any copyright that may exist
in such material. Subscriber also permits any other Subscriber to access, view,
store or reproduce the material for that Subscriber’s personal use. Subscriber
hereby grants Reservations At The Point the right to edit, copy, publish and
distribute any material made available on www.parkcityrentals.info by Subscriber.
D. The foregoing provisions of Section 5 are for the benefit of Park City Rental
Properties, its subsidiaries, affiliates and its third party content providers
and licensors and each shall have the right to assert and enforce such provisions
directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability. A. SUBSCRIBER EXPRESSLY
AGREES THAT USE OF www.parkcityrentals.info IS AT SUBSCRIBER’S SOLE RISK. NEITHER
Park City Rental Properties, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT www..parkcityrentals.info
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF www.parkcityrentals.info, OR AS TO
THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH www.parkcityrentals.info. B. www.parkcityrentals.info IS PROVIDED
ON AN “”AS IS”” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES
WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. C. THIS DISCLAIMER OF LIABILITY
APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER
SPECIFICALLY ACKNOWLEDGES THAT M & A CAPITAL LLCAN SERVICES IS NOT LIABLE FOR
THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
D. IN NO EVENT WILL Park City Rental Properties, OR ANY PERSON OR ENTITY INVOLVED
IN CREATING, PRODUCING OR DISTRIBUTING www.parkcityrentals.info BE LIABLE FOR
ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO
USE www.parkcityrentals.info. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS
OF THIS SECTION SHALL APPLY TO ALL CONTENT ON www.parkcityrentals.info. E. IN
ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, Reservations At The Point, NOR
ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS
OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER
DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED
WITHIN www.parkcityrentals.info, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION
THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED
THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS
OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE
OR CONSEQUENTIAL DAMAGES. NEITHER, Park City Rental Properties, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS,
SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE
ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
7. Monitoring. Park City Rental Properties shall have the right, but not the
obligation, to monitor the content of www..parkcityrentals.info, to determine
compliance with this Agreement and any operating rules established by Park City
Rental Properties and to satisfy any law, regulation or authorized government
request. Reservations At The Point shall have the right in its sole discretion
to edit, refuse to post or remove any material submitted to or posted on www.parkcityrentals.info.
Without limiting the foregoing Park City Rental Properties shall have the right
to remove any material that Park City Rental Properties, in its sole discretion,
finds to be in violation of the provisions hereof or otherwise objectionable.
8. Indemnification. Subscriber agrees to defend, indemnify and hold harmless
Park City Rental Properties, its affiliates and their respective directors,
officers, employees and agents from and against all claims and expenses, including
attorneys’ fees, arising out of the use of www.parkcityrentals.info. by Subscriber
or Subscriber’s Account.
9. Termination. Either Reservations At The Point or Subscriber may terminate
this Agreement at any time. Without limiting the foregoing, Park City Rental
Properties shall have the right to immediately terminate Subscriber’s Account
in the event of any conduct by Subscriber which Park City Rental Properties,
in its sole discretion, considers to be unacceptable, or in the event of any
breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C),
5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
10. Trademarks. www.parkcityrentals.info and its logos, images and icons are
trademarks of Park City Rental Properties. All rights reserved. All other trademarks
appearing on www.parkcityrentals.info are the property of their respective owners.
11. Third Party Content. Reservations At The Point is a distributor (and not
a publisher) of content supplied by third parties and Subscribers. Accordingly,
Park City Rental Properties has no more editorial control over such content
than does a public library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made available
by third parties, including information providers, Subscribers or any other
user of www.parkcityrentals.info, are those of the respective author(s) or distributor(s)
and not of Park City Rental Properties. Neither Park City Rental Properties
nor any third-party provider of information guarantees the accuracy, completeness,
or usefulness of any content, nor its merchantability or fitness for any particular
purpose. (Refer to Section 6 above for the complete provisions governing limitation
of liabilities and disclaimers of warranty.) In many instances, the content
available through www.parkcityrentals.info.com represents the opinions and judgments
of the respective information provider, Subscriber, or other user not under
contract with Reservations At The Point. Park City Rental Properties neither
endorses nor is responsible for the accuracy or reliability of any opinion,
advice or statement made on www.parkcityrentals.info by anyone other than authorized
Park City Rental Properties employee spokespersons while acting in their official
capacities. Under no circumstances will Park City Rental Properties be liable
for any loss or damage caused by a Subscriber’s reliance on information obtained
through www.parkcityrentals.info. It is the responsibility of Subscriber to
evaluate the accuracy, completeness or usefulness of any information, opinion,
advice or other content available through www.parkcityrentals.info. Please seek
the advice of professionals, as appropriate, regarding the evaluation of any
specific information, opinion, advice or other content.
12. Cancellation Policy – Mention your confirmation number upon check-in. Full
payment is due 21 days before your visit. No fireworks. No pets allowed. Occupancy
must not exceed the number listed on this confirmation or you may be evicted.
Excessive noise will result in loss of deposit and/or eviction. No refunds issued
for evictions. There is a $100 cancellation fee and a $10 fee to make any changes
to an existing reservation. Cancellations received less than 21 days before
arrival are non-refundable. Exception: No refunds for holidays or spring break!
No shows will not receive a refund. 3 or 4 night minimum on holidays and spring
break. There is a $10 fee for each non-returned key. There will be no refunds
for early departures. Do not remove any items from your unit. Check-in is 4:00
pm or after. Check-out is 11:00 am or before. Unapproved late check-out will
be charged $20/hour. Efforts will be made to meet special requests, however
we cannot guarantee a particular unit. Park City Rental Properties assumes no responsibility
for harm to persons or property. Rates are only guarantee for the same year
you are booking a reservation. Rental clients who book a reservation outside
of the present year (i.e., next year) are responsible for the difference in
rates, if and when the rates change. During Spring Break dates, the person responsible
for making reservation MUST at least 25 years of age and must provide identification
upon check-in.
13. Miscellaneous. This Agreement and any operating rules for www.parkcityrentals.info
established by Park City Rental Properties constitute the entire agreement of
the parties with respect to the subject matter hereof, and supersede all previous
written or oral agreements between the parties with respect to such subject
matter. This Agreement shall be construed in accordance with the laws of Canada.
No waiver by either party of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach or default. The section
headings used herein are for convenience only and shall not be given any legal
import.
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